Understanding Legal Work Break Entitlements And Their Duration

The length of breaks and whether they are paid or unpaid depends on the laws of the state you are in and the industry you work in. In the US, federal law does not require employers to provide meal or rest breaks. However, if they do offer short breaks, usually lasting 5-20 minutes, these are considered part of working hours and must be paid. Longer breaks of 30 minutes or more are typically unpaid and are classed as off-the-clock.

Some states have laws requiring meal and rest breaks, and failing to comply can result in fines or lawsuits. For example, in California, employees are entitled to a 30-minute meal break during a shift longer than five consecutive hours, and a second meal break if they work over 10 hours a day. In Oregon, employees who work between 6 and 8 hours are entitled to a 30-minute unpaid break.

It's important to note that break laws can vary based on age, with some states requiring breaks for minors that are not required for adults. Additionally, the type of work performed can also impact break laws, with certain industries such as retail and food service having specific break requirements.

Federal law on breaks

Federal law in the US does not require employers to provide their employees with lunch or coffee breaks. However, if an employer does choose to offer short breaks, typically lasting 5 to 20 minutes, federal law considers these as compensable work hours. This means that the break time should be included in the sum of hours worked during the workweek and should be considered when determining if overtime was worked.

Meal periods, which typically last at least 30 minutes, are treated differently. These breaks are not considered work time and are not compensable, as long as the employee is completely relieved of all duties.

It is important to note that while federal law does not mandate breaks, some states have implemented their own laws that outline what a reasonable lunch break entails. These state laws can vary widely, and it is essential for employers and employees to understand and adhere to the specific break laws in their state.

Additionally, the Occupational Safety and Health Administration (OSHA) requires employers to provide access to clean bathrooms when employees need to use the restroom. Employers can request that employees inform them before leaving to use the restroom, but the wait should not be unreasonably long.

State laws on breaks

Alabama

Alabama defaults to federal law regarding breaks for workers aged 16 and above. If an employer chooses to provide a break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is relieved of all duties.

Alaska

In Alaska, employees must provide a half-hour break to employees aged 14 to 17 if they work 6 hours or more. The break must take place after the first hour and a half or before the start of the last work hour. If a minor works for 5 hours without a break, they must take a 30-minute rest before returning to work.

Arizona

Arizona defaults to federal law regarding breaks for all workers. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is relieved of all duties.

Arkansas

Labour laws in Arkansas only require breaks for children under 16 in the entertainment industry.

California

California labour laws state that employees should get a half-hour to take a meal break when working 5 hours in a row. Employees who work over 10 hours a day are entitled to a second meal break. The breaks are counted towards hours worked unless employees have no work duties and can freely leave their station or the premises. They should be paid according to hourly rates.

Colorado

Workers are entitled to a meal break of 30 minutes when working for five consecutive hours. During this break, the employee must be free from all work-related duties. The break may be unpaid. Employees who cannot take a break without work must take an “on-duty” break and be compensated for the time. Both employers and employees must agree upon this.

Connecticut

In Connecticut, employees are entitled to a half-hour meal break if they work 7.5 hours or more. The break must be given after the first 2 work hours and before the last 2 work hours. These breaks can be unpaid. The federal rule applies to all other employees.

Delaware

Employees in Delaware get a 30-minute meal break if they work 7.5 hours or longer. This break can be unpaid and should take place after the first 2 hours of work but before the last 2 hours. Workers under 18 must be given a 30-minute non-work period when they work 5 consecutive hours.

Florida

30-minute meal breaks are granted to employees under 18 who work 4 or more hours in one shift.

Hawaii

Employees under 16 must get half-hour breaks when working 5 or more hours.

Illinois

Twenty-minute rest breaks are granted to employees who work 7.5 or more hours in a shift. It can be unpaid and should be given before the sixth hour of the shift.

Indiana

Workers under the age of 18 must get 30-minute meal breaks when they work 6 straight hours. This can be one break or split into two separate ones equating to 30 minutes total.

Kentucky

Employees must get a paid 10-minute rest period for every 4 hours worked. Workers are also entitled to a reasonable meal period during a shift. It should be after the first 3 work hours but before the sixth hour. The law doesn’t state how long meal breaks need to be. It can also be unpaid. Employees under 18 must take a half-hour meal break when working 5 or more hours.

Louisiana

Employers are required to give employees under the age of 18 a 30-minute meal break when working 5 or more hours. The break can be unpaid as long as the employee is free from work responsibilities.

Maryland

Minors under 18 get a break for at least 30 minutes when working 5 or more hours in a shift. The Healthy Retail Employee Act states only specific retail employers must give workers breaks. The break length and frequency are based on shift length.

##

Breaks for minors

In the United States, there is no federal law requiring companies to provide breaks for their employees, whether minors or adults. However, if a company chooses to provide breaks, federal law dictates that any break under 20 minutes is paid, and any break over 30 minutes can be unpaid and classified as "off-the-clock."

State laws vary when it comes to breaks for minors, and some states have specific standards. Here are some examples:

• Alabama: Minors aged 14-17 who work 5 or more consecutive hours are entitled to a 30-minute break.
• Alaska: The same break rules apply as Alabama.
• Arizona: Arizona follows federal law, which means breaks under 20 minutes are paid, and breaks over 30 minutes are unpaid.
• Arkansas: Arkansas follows federal law regarding breaks.
• California: Employees get a 30-minute paid meal break during a shift that is longer than five consecutive hours. If the employee is relieved of regular work duties and can leave the premises during their break, the break goes unpaid.
• Delaware: Delaware gives minors under 18 a 30-minute break for five hours worked, while adults get the same break time for seven and a half hours worked.
• Florida: 14 and 15-year-old employees who work five consecutive hours are entitled to a 30-minute break.
• Georgia: Similar to Florida, Georgia requires a 30-minute break for 14 and 15-year-olds working five consecutive hours.
• Hawaii: 14 and 15-year-olds working five or more consecutive hours are entitled to at least a 30-minute break.
• Indiana: At least a 30-minute break for employees under 16 who work five or more consecutive hours.
• Louisiana: Louisiana requires employers to give 30-minute breaks to employees under 18 for shifts longer than five consecutive hours.
• Michigan: Michigan follows federal law regarding breaks for minors.
• New Jersey: New Jersey requires a 30-minute break for employees under 18 working six or more consecutive hours.
• New York: In New York, minors are entitled to a 30-minute meal break before working four consecutive hours.
• Ohio: Minors under 16 are entitled to at least a 30-minute break for every five hours worked and one hour for every eight hours worked.
• Texas: Minors under 18 are entitled to at least a 30-minute lunch break no later than five hours into the workday, along with a 10-minute rest break for every four hours worked.
• Utah: Utah follows federal guidelines for breaks for minors.
• Virginia: 14 and 15-year-olds must have a 30-minute meal break before working four consecutive hours.

It's important to note that these are just examples, and each state may have its own specific break laws for minors. Additionally, federal law takes precedence if a state's child labor laws are less restrictive than the Fair Labor Standards Act (FLSA).

Breaks for different industries

The length and frequency of breaks vary across US states and industries. While federal law does not require lunch or coffee breaks, if employers do offer short breaks (typically lasting 5-20 minutes), these are considered compensable work hours. Meal breaks, which usually last at least 30 minutes, are not considered work time and are not compensable.

Retail and Service Industry

Employees in the retail and service industry are entitled to a paid 10-minute break for every 4 hours they work. They are also entitled to a 30-minute meal break when working for 5 or more consecutive hours.

Food and Beverage Industry

Similar to the retail and service industry, employees in the food and beverage industry are entitled to a paid 10-minute break for every 4 hours worked and a 30-minute meal break after 5 consecutive hours of work.

Health and Medical Industry

Employees in the health and medical industry are entitled to a paid 10-minute break for every 4 hours of work. They also receive a 30-minute meal break when working for 5 or more consecutive hours.

Commercial Support Services Industry

This industry follows the same break laws as the retail, food and beverage, and health and medical industries.

Manufacturing Industry

In the manufacturing industry, where shifts can be long and work is physically demanding, many states have specific laws mandating breaks at regular intervals to ensure worker safety and productivity. For example, in California, employees are entitled to an uninterrupted 30-minute unpaid meal break when working more than 5 hours in a day, and an additional 30-minute unpaid meal break when working more than 12 hours in a day. They also receive a paid 10-minute rest period for every 4 hours worked.

Entertainment Industry

In the entertainment industry, minors under the age of 16 are entitled to a documented 30-minute meal/rest break when working for 5 consecutive hours or more.

The break laws outlined above may vary by state, and it is important to check the specific regulations in your state.

Exempt employees

Federal law does not require companies to offer breaks during work hours for meals or any other purpose. However, if an employer chooses to allow breaks, any break under 20 minutes should be paid, and any break over 30 minutes can be unpaid and classified as "off-the-clock". For exempt employees receiving over $23,000 annually, breaks are left to the employer's discretion.

In addition to federal laws, employers must also review and comply with any applicable state or local laws, as these may differ from federal regulations. For example, several states, including California, New York, and Massachusetts, have laws that address employee entitlement to break or meal periods. Each state's rules are unique, and some only apply to certain industries, types of workers, or facilities. Therefore, it is essential for employers to stay up-to-date on break rules in their specific state and consult with an employment lawyer if needed.

While federal law does not require meal or rest breaks, it does require employers to compensate for worked hours, including any time that an employee must work during a designated break. For example, if a receptionist must answer phone calls during their lunch break, that time must be compensated. Similarly, short breaks of 5-20 minutes are considered part of the workday and must be paid. Bona fide meal periods, during which an employee is completely relieved of their duties, are not considered work time and are not compensable.

Frequently asked questions