Understanding Employee Break Laws: Your Rights Explained

Employees in the US are not federally guaranteed paid meal or rest breaks. However, federal law does outline certain requirements for meal and rest breaks, and some states have their own laws that require employers to provide breaks.

Federal law states that if an employer chooses to allow break periods, any break under 20 minutes should be paid, and any over 30 minutes can be unpaid. Additionally, employers are required by federal law to provide reasonable break times for nursing mothers to express breast milk during the first year following childbirth.

State laws vary, with some requiring meal or rest breaks, or both. These laws usually prescribe the length of time that a break must last, and some dictate the time of day or the period within the employee's shift when breaks should be provided. For example, in California, employees must receive a 30-minute meal break for every five hours worked, while in New York, employees who work a shift of more than six hours must be given a 30-minute break between 11:00 a.m. and 2:00 p.m.

It's important to note that break laws may differ for specific types of employees, such as public employees or those in the agricultural or entertainment industries.

Federal law does not require meal or rest breaks

Federal law does not require companies to offer breaks for meals or any other purpose. However, if a company 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." This distinction between rest periods and meal periods is important, as rest periods are considered compensable work hours, while meal periods are not.

The Fair Labor Standards Act (FLSA) does not require meal or break periods. However, if an employer offers short breaks (usually 5 to 20 minutes), these are considered compensable work hours and are included in the sum of hours worked during the workweek. This means that if an employee works overtime, these break periods will be factored into that calculation. It's important to note that unauthorized extensions of authorized work breaks do not need to be counted as hours worked if the employer has clearly communicated the length of the break and any consequences for extending it.

Meal periods, on the other hand, typically lasting at least 30 minutes, are not considered work time and are not compensable. This means that if an employee is completely relieved of all duties during their meal break, the employer does not have to pay them for that time. However, if the employee is required to work or be on-call during their meal break, then that time should be compensated.

While federal law does not mandate meal or rest breaks, some states have their own laws requiring such breaks. For example, in California, workers must receive an uninterrupted 30-minute unpaid meal break when working more than five hours in a day, and an additional 30-minute meal break when working more than 12 hours. Additionally, a paid 10-minute rest period must be provided for every four hours worked. These state laws can vary significantly, so it's important for employers and employees to be aware of the specific regulations in their state.

State laws vary on meal and rest breaks

California

In California, workers must receive an uninterrupted 30-minute unpaid meal break when working more than five hours in a day. Additionally, they are entitled to a second 30-minute unpaid meal break when working more than 12 hours. Unique to California, workers also receive a paid 10-minute rest period for every four hours worked.

Alabama

Alabama follows federal law regarding breaks for workers aged 16 and above. If an employer provides a break, it is paid only if it is less than 20 minutes; breaks over 30 minutes are unpaid and classified as meal periods.

Oregon

Oregon has detailed meal and rest break rules, which include potential fines for non-compliance. For instance, an Oregon healthcare facility was faced with nearly $100 million in fines due to persistent violations of employee break rights.

Arkansas

Arkansas adheres to federal guidelines for breaks and does not have specific laws regarding meal and rest periods.

New Jersey

New Jersey follows federal guidelines for workers aged 18 and above. If an employer provides a meal break of less than 20 minutes, it must be paid. Breaks over 30 minutes are not compensated, provided that the employee is relieved of all duties.

These examples demonstrate the variation in meal and rest break laws across different states. It's important for employers and employees to be aware of the specific regulations in their state to ensure compliance and protect their rights.

Breaks for minors

Breaks for employees are governed by a variety of laws, which vary by location. In the United States, federal law does not require lunch or coffee breaks. However, when employers do offer short breaks, federal law considers these as compensable work hours. Meal periods, on the other hand, are not considered work time and are not compensable.

State laws may have different requirements for breaks, and some states have specific regulations for minors. For example, in New York State, employers must provide employees with at least 24 consecutive hours of rest in any calendar week, referred to as a day of rest. Additionally, employers must provide at least 30 minutes of unpaid time off for meals if an employee works more than 6 hours.

According to the Fair Labor Standards Act (FLSA), minors who work more than 5 hours are entitled to a 30-minute meal break and a 15-minute break. However, the specific regulations can vary by state and even by municipality. For example, in Massachusetts, employees are entitled to a 30-minute lunch when working 6+ hours, while in another state, a 4-9 hour shift may only require a 15-minute break. It's important to check the local laws and regulations to understand the specific break requirements for minors.

Breaks for nursing mothers

In the United States, the Fair Labor Standards Act (FLSA) grants nursing mothers in the workforce certain rights to express breast milk at work. These rights were expanded by the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), which was signed into law on 29 December 2022.

Break Time to Pump Breast Milk

According to the FLSA, nursing employees are entitled to reasonable break time to express breast milk for their child. This right is available for up to one year after the child's birth. The frequency and duration of these breaks will vary depending on factors related to the nursing employee and the child. Employees who telework are also eligible for pump breaks under the FLSA.

Private Space to Pump Breast Milk

The FLSA also states that employers must provide a private space for employees to express breast milk. This space must be somewhere other than a bathroom, shielded from view, and free from intrusion from coworkers and the public. If the space is not dedicated solely to the nursing employee's use, it must be available when needed. Employees who telework must also be free from observation by any employer-provided or required video system.

Compensation for Break Time

Under the FLSA, when an employee is using break time to express breast milk, they must either be completely relieved from duty or be paid for the break time. If employers provide paid breaks, employees who use this time to pump breast milk must be compensated in the same way that other employees are for break time.

Remedies for Violations

If an employer violates an employee's right to reasonable break time and space to pump breast milk, they will be liable for appropriate legal or equitable remedies under the FLSA. Remedies may include employment, reinstatement, promotion, and the payment of lost wages, as well as an additional equal amount as liquidated damages.

Violations of break policies

While federal law does not require lunch or coffee breaks, when employers do offer short breaks, federal law considers these as compensable work hours. This means that any breaks that are 20 minutes or less are considered part of the workday and must be paid.

If an employer provides an unpaid meal break that requires an employee to eat while working, the employer has likely committed wage theft. This is because meal breaks are not required to be paid only if the employee is relieved of all work duties. If an employee is required to perform any duties, even minor ones, during a meal break, this time must be compensated.

In some states, such as Pennsylvania, violations of break and labor laws can result in fines ranging from $75 to $300 or even a prison term of 10 to 60 days. In New Mexico, the fine for violating break laws varies depending on the severity of the offense, and employers may also face criminal prosecution and be required to pay back wages.

It is also illegal for employers to retaliate against workers for exercising their labor rights. Retaliation can include reducing a worker's pay, changing their schedule, or making threats. If a worker notifies the Labor Commissioner of retaliation, an investigation can be opened, and the employer may be ordered to pay wages and penalties due to the worker.

To avoid violations, employers should familiarize themselves with both federal and state break laws, implement clear break policies, and regularly review employee schedules and payroll records to ensure compliance.

Frequently asked questions