Federal Law: Understanding Your Lunch Break Entitlements

Federal law does not require companies to offer lunch breaks or any other type of break. However, if an employer does choose to allow short breaks, federal law considers breaks under 20 minutes to be compensable work hours. Breaks lasting longer than 30 minutes can be unpaid and classified as off-the-clock. Meal breaks, which are defined as breaks of 30 minutes or longer where the employee is relieved of all duties, are not considered work time and are not compensable.

Federal law does not require lunch breaks

On the other hand, bona fide meal or lunch breaks, which usually last at least 30 minutes, do not need to be paid as long as employees are relieved of all work-related duties during this time. This is because a rest break of 30 minutes or more allows the worker to use the time for their own purposes.

It is important to note that federal law does not require companies to offer breaks during work hours for any purpose. However, if a company chooses to allow break periods, any break under 20 minutes should be paid, and breaks over 30 minutes can be unpaid and classified as "off-the-clock". Ultimately, the decision to provide lunch breaks is left to the employer's discretion.

While there is no federal mandate for lunch breaks, some states have implemented their own laws outlining what a reasonable lunch break entails. These laws vary from state to state, and it is important for employers and employees to stay up-to-date on the specific regulations in their state.

In summary, while federal law does not require lunch breaks, it does provide guidelines for compensating employees during short breaks and exempting employers from payment during bona fide meal breaks. The decision to offer lunch breaks and the specifics of these breaks are often left to state regulations and employer discretion.

Short breaks are considered compensable work hours

While federal law does not require employers to provide lunch or coffee breaks, short breaks that are offered are considered compensable work hours. This means that breaks of about 5 to 20 minutes are included in the sum of hours worked during the workweek and are considered when determining if overtime was worked.

For example, if an employee works 35 hours in a week and takes two 15-minute breaks during that time, their total compensable work hours for the week would be 36 hours. This is because the two 15-minute breaks add up to 30 minutes, which is considered a compensable work hour.

It is important to note that unauthorised extensions of authorised work breaks do not need to be counted as hours worked if the employer has clearly communicated the specific length of the break, any extension of the break is against the rules, and punishments for breaking the rules have been established.

Additionally, meal periods, which typically last at least 30 minutes, are not considered work time and are not compensable. This is because they serve a different purpose than short coffee or snack breaks.

While federal law does not mandate lunch or coffee breaks, some states have implemented their own laws and regulations regarding this issue. These state laws can vary significantly, and it is important for employers and employees to be aware of the specific regulations in their state.

Meal periods are not compensable work time

While federal law does not require employers to provide meal breaks, it does make a distinction between short breaks and meal periods. Short breaks, lasting between 5 and 20 minutes, are considered compensable work hours and are included in the sum of hours worked during the workweek. On the other hand, meal periods, typically lasting at least 30 minutes, are not considered work time and are not compensable. This means that if an employer offers a meal period, they are not required to pay employees for that time as long as they are completely relieved of all duties.

The Fair Labor Standards Act (FLSA) does not mandate meal or break periods for employees. However, if employers choose to provide meal and break periods, they must follow certain requirements. For rest breaks, employers must pay employees for the break time if it is 20 minutes or less since employees are not able to freely use the time for their own purposes. For meal breaks, employers are not required to pay employees as long as they are not required to work during that time.

In summary, meal periods are not compensable work time according to federal law. Employers have the discretion to provide meal breaks or not, but if they do, they must ensure that employees are completely relieved of their duties during this time. This is in contrast to short breaks, which are considered compensable work hours and must be paid. The distinction between meal periods and short breaks is important, and employers should be clear about their break policies to ensure compliance with federal regulations.

Nursing mothers are entitled to breaks

In the United States, federal law does not require employers to provide lunch or coffee breaks for their employees. However, nursing mothers are entitled to breaks. Under the Fair Labor Standards Act (FLSA), most nursing employees have the right to reasonable break time and a private space, other than a bathroom, to express breast milk while at work. This right is available for up to one year after the child's birth.

The FLSA establishes minimum wage, overtime pay, record-keeping, and child labour standards affecting full-time and part-time employees in the private sector and in federal, state, and local governments. It also protects the rights of employees to pump breast milk at work. The frequency and duration of breaks needed to express milk will vary depending on factors related to the nursing employee and the child.

The PUMP for Nursing Mothers Act (“PUMP Act”), which was signed into law on December 29, 2022, expands these rights to more nursing employees, including agricultural workers, nurses, teachers, truck and taxi drivers, home care workers, and managers. This Act ensures that nursing mothers have the time and space needed to express breast milk during the workday.

Employers with fewer than 50 employees are not subject to the FLSA break time and space requirements if compliance would impose an undue hardship. Whether compliance would be an undue hardship is determined by considering the difficulty or expense of compliance in relation to the size, financial resources, nature, and structure of the employer's business.

Nursing mothers who are employees have legal protections and resources to ensure they can take the necessary breaks to express breast milk while at work. These protections promote the health and well-being of both the mother and child.

State laws vary on meal and rest breaks

While federal law does not require lunch or rest breaks, state laws vary on meal and rest breaks. Some states have laws requiring meal and rest breaks, and failing to comply can result in severe fines and even lawsuits. For example, in Oregon, a healthcare facility was attempting to avoid nearly $100 million in fines due to persistent violations of employee meal and rest break rights.

If a state has no laws regarding breaks, federal standards apply. According to federal guidance, breaks under 20 minutes should be paid, and breaks over 30 minutes can be unpaid and classified as "off-the-clock". However, if an employer chooses to provide a meal or rest break, they must follow certain requirements. For rest breaks (usually up to 20 minutes), employers are required to pay employees for the rest time. For meal breaks (usually at least 30 minutes), employers do not have to pay employees for that break time as long as they are not required to work during the break.

Additionally, employers must allow employees to take the full lunch break without working unless a state law specifies otherwise. However, if an employee eats lunch while continuing to work at their desk, they typically receive pay for their time since they are not taking a legally defined lunch break.

• Alabama: Defaults to federal law for workers aged 16 and above. For minors aged 14-15, employers must allow a 30-minute break for those working more than five continuous hours.
• Alaska: Follows federal law for workers aged 18 and over. For minors aged 14-17, a break of at least 30 minutes is required after 90 minutes of work and before the last hour.
• Arizona: Defaults to federal law for all workers.
• Arkansas: Defaults to federal law for workers of all ages. Has a special lactation break law, requiring employers to provide reasonable unpaid break time in a private place for lactating employees.
• California: Employees who work more than five consecutive hours are entitled to a 30-minute meal break. A second 30-minute break is required if the employee works more than 10 hours, unless the total hours worked are 12 or fewer and the first meal break was not waived. Employees also get a 10-minute paid rest break every four hours.
• Colorado: Employees in certain industries (retail, food and beverage, commercial support services, health and medical) must be provided with a 30-minute meal break after five consecutive hours of work and a 10-minute paid break for every four hours worked.
• Connecticut: Employees who work 7.5 or more consecutive hours must be allowed a 30-minute meal break, typically unpaid and taken after the first two hours of work and before the last two hours.
• Delaware: Workers aged 18 and above must be allowed a 30-minute meal break if they work 7.5 or more hours per day. For minors under 18, a 30-minute meal break is required for those working more than five straight hours.
• Florida: Has break laws for minors, requiring a 30-minute meal break for those under 18 who work more than four consecutive hours. No meal and break laws exist for adults, so federal law applies.
• Georgia: No state law exists, so federal law applies.
• Hawaii: Employees aged 14 and 15 must be allowed a 30-minute meal break after working at least five consecutive hours. No applicable laws exist for older employees, so federal law applies.
• Idaho: No state law exists, and federal break laws apply.
• Illinois: Employees working at least 7.5 straight hours must be allowed a meal break of at least 20 minutes, taken within five hours of starting their shift.
• Indiana: Minors under 18 who work six or more consecutive hours must be provided with one or two rest periods totaling more than 30 minutes. No laws exist for adults, so federal law applies.
• Iowa: Employees under 16 must be given a 30-minute meal break if they work at least five consecutive hours. No meal and rest break laws exist for older employees, so federal law prevails.
• Kansas: No applicable labor law, so federal law applies.

The laws and requirements vary significantly across states, and it is essential for employers and employees to stay informed about the specific regulations in their state.

Frequently asked questions