Understanding Break Laws: Your Rights And Responsibilities

While federal law in the United States does not require companies to offer breaks during work hours for meals or any other purpose, some states have laws mandating meal and rest breaks. This is because federal law leaves it up to the employer to decide whether to offer breaks. If a company chooses to allow break periods, any break under 20 minutes should be paid, and any over 30 minutes can be unpaid and classified as “off-the-clock”.

Federal law does not require lunch or coffee breaks

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 short breaks, federal law considers breaks of up to 20 minutes as compensable work hours. This means that they would be included in the sum of hours worked during the workweek and taken into account when determining if overtime was worked.

On the other hand, meal periods, which typically last at least 30 minutes, are not considered work time and are not compensable. If an employee works through a meal break, they must be paid for that time unless they have been relieved of all duties.

While there is no federal mandate for lunch or coffee breaks, many states have implemented laws that outline what a reasonable lunch break entails. These laws vary from state to state, with some requiring meal and rest breaks, while others default to the federal policy. For example, in Alabama, if an employer chooses to provide a break, it must be paid if it lasts less than 20 minutes. Breaks longer than 30 minutes are considered meal periods and do not need to be paid as long as the employee is completely relieved of their duties.

In addition to state laws, union collective bargaining agreements can also provide for breaks, even in states that don't require them. For instance, an employee might take a 30-minute unpaid lunch break and two paid 10-minute breaks during an 8-hour shift, depending on the specific collective bargaining agreement.

It is important to note that federal law regarding breaks applies only to non-exempt employees. For exempt employees receiving over $23,000 annually, breaks are left to the employer's discretion.

Breaks under 20 minutes are considered part of the workday and must be paid

In the United States, federal law does not require companies to offer breaks during work hours for meals or any other purpose. However, if an employer chooses to provide a break, any break under 20 minutes is considered part of the workday and must be paid. This rule applies to both rest breaks and meal breaks.

Rest breaks are typically short, lasting between 5 and 20 minutes, while meal breaks are longer, usually lasting at least 30 minutes. If an employer chooses to offer a meal break, any break under 20 minutes must be paid, and any break over 30 minutes can be unpaid, provided that the employee is completely relieved of all duties.

It's important to note that while federal law sets the baseline for break requirements, individual states may have their own laws and regulations regarding breaks. For example, some states require meal and rest breaks, and failing to comply can result in severe fines and lawsuits. Therefore, it's essential to stay up-to-date on the specific break rules in your state.

Additionally, certain industries, such as retail, food and beverage, and health and medical, may have their own break requirements. For instance, employees in these industries may be entitled to a paid 10-minute break for every 4 hours worked.

In summary, while federal law does not mandate breaks, if an employer chooses to offer them, any break under 20 minutes is considered part of the workday and must be paid, according to federal guidelines.

Meal breaks over 30 minutes can be unpaid

While federal law does not require companies to offer breaks during work hours for meals or any other purpose, if an employer does choose to allow a break period, any break under 20 minutes should be paid, and any break over 30 minutes can be unpaid and classified as "off-the-clock". This federal standard automatically applies if a state has no laws regarding breaks.

Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time. However, if an employee works through a meal break, this time must be paid. This is because any break under 20 minutes is considered part of the workday and must be paid.

The Fair Labor Standards Act (FLSA) does not mandate meal or rest breaks, but it has become common practice and a reasonable expectation for employers to offer unpaid lunch breaks to employees who work for a certain number of hours, which varies per state and industry.

Some states have laws requiring meal and rest breaks, and failing to comply can result in severe fines and even lawsuits. For example, in April 2022, an Oregon healthcare facility filed a lawsuit with the federal court system to overturn the state’s detailed meal and rest break rules. The facility is attempting to avoid nearly $100 million in fines due to persistent violations of employee meal and rest break rights dating back to 2015.

It is important to stay up-to-date on break rules in your state, especially when moving into a new year. While rest break rules can be convoluted, they are actually quite easy to comply with these days with the right payroll software and scheduling system in place.

Minors are entitled to breaks

While there is no federal law requiring companies to offer breaks during work hours, minors are entitled to breaks in most US states. In fact, according to the U.S. Department of Labor, federal law states that breaks under 20 minutes are considered part of the workday and must be paid. Meal breaks, which are typically longer than 30 minutes, can be unpaid and are considered "off-the-clock".

State laws typically afford minors more break leniency than adult employees. While most state meal break rules for adults automatically cover minors, some states have specific standards for those under 18. For example, in Delaware, adults get a 30-minute break for working seven and a half hours, while minors get the same break time for only five hours of work.

Some states with no adult lunch or rest break rules have unique break laws for minors. For instance, Louisiana and Michigan require employers to give 30-minute breaks to employees under 18 for shifts longer than five consecutive hours. In Hawaii, this same rule applies only to 14 and 15-year-olds.

In addition to meal breaks, minors are also entitled to rest breaks in some states. For example, in Texas, minors who work for more than four consecutive hours are entitled to a 10-minute rest break every four hours.

It is important to note that break laws vary from state to state, and employers should stay up-to-date on the specific regulations in their state to ensure compliance.

Employers can be fined for break violations

While federal law in the US does not require companies to offer breaks during work hours for meals or any other purpose, some states have laws that mandate meal and rest breaks. Failing to comply with these laws can result in severe fines and even lawsuits.

Federal law on breaks

According to the US Department of Labor, federal law states that if a company chooses to allow break periods, any break under 20 minutes should be paid, and any over 30 minutes can be unpaid and classified as “off-the-clock”.

State laws on breaks

Each state has its own meal and rest break laws. For example, in 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. But if these requirements are not met, the break must be paid at the regular rate of pay.

In Oregon, an employer is attempting to avoid nearly $100 million in fines due to persistent violations of employee meal and rest break rights dating back to 2015.

Penalties for non-compliance

If an employer fails to provide an employee a meal break during a shift, they owe the employee one extra hour of pay at the employee’s regular rate.

In Pennsylvania, employers can receive a fine of $75 to $300 or a prison term of 10 to 60 days for violating break laws.

In New Mexico, the fine for violating break and labor laws varies depending on the severity of the offense. Employers can also face criminal prosecution and, if applicable, have to pay back wages.

Frequently asked questions