Understanding Work Breaks: Your Legal Rights Explained

The law for breaks at work varies depending on the country and state. For example, in the US, federal law does not require companies to offer breaks during work hours for meals or any other purpose. However, if breaks are offered, any break under 20 minutes should be paid, and any break over 30 minutes can be unpaid and classified as “off-the-clock”. Additionally, employees under the age of 18 must receive a documented 30-minute meal/rest break if they are working for 5 consecutive hours or more.

In the UK, the Working Time Regulations (1998) govern legislation surrounding staff members' rights to adequate breaks. Employees over the age of 18 are entitled to three types of breaks: rest breaks at work, daily rest, and weekly rest. Rest breaks at work guarantee employees 20 uninterrupted minutes of rest during their working day, but only if they work over 6 hours a day.

Federal law on breaks

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

Meal periods, typically lasting at least 30 minutes, are treated differently. These breaks are not considered work time and are not compensable. If an employee is not relieved of work duties during a meal break (i.e., they are eating at their desk while working), they should not be required to take an unpaid meal break.

The Fair Labor Standards Act (FLSA) and the Occupational Safety and Health Administration (OSHA) are the two main bodies that dictate the provision of breaks to employees. While the FLSA does not require employers to provide meal or rest breaks, it does state that if rest breaks are provided, they must be paid and counted as hours worked if they are 20 minutes or less.

It is important to note that state laws may have different requirements for meal and rest breaks, and these laws can vary widely between states. Employers must comply with both federal and state laws regarding breaks, and in some cases, local laws may also apply.

State law on breaks

State laws on breaks vary across the United States, and it is important to stay updated on the specific break rules in your state. While federal law does not require companies to offer breaks during work hours for meals or any other purpose, it does state that 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”. If a state has no laws regarding breaks, these federal standards automatically apply.

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 completely relieved of all duties.

Alaska

Alaska defaults to federal law regarding breaks for workers aged 18 and over. The rules are the same as those for Alabama.

Arizona

Arizona defaults to federal law regarding breaks for all workers. The rules are the same as those for Alabama.

Arkansas

Arkansas defaults to federal law regarding breaks for workers of all ages. The rules are the same as those for Alabama.

California

California requires a 30-minute meal period after five hours of work, unless the workday will be completed in six hours or less and the employee and employer have an agreement to waive the meal period. A meal period after six hours of work is permissible if it does not affect the health of an employee.

Colorado

Colorado requires a 30-minute meal break for 5+ hour shifts and a 10-minute break for every four hours of work.

Delaware

Delaware gives adults a 30-minute break for seven and a half hours worked while giving those under 18 the same break time for only five hours worked.

Florida

Florida defaults to federal law regarding breaks for workers aged 18 and over. The rules are the same as those for Alabama.

Georgia

Georgia defaults to federal law regarding breaks for all workers. The rules are the same as those for Alabama.

Hawaii

Hawaii defaults to federal law regarding breaks for workers aged 16 and over. The rules are the same as those for Alabama.

Indiana

Indiana defaults to federal law regarding breaks for workers aged 18 and above. The rules are the same as those for Alabama.

Iowa

Iowa defaults to federal law regarding breaks for workers aged 16 and over. The rules are the same as those for Alabama.

Kansas

Kansas defaults to federal law regarding breaks for all workers. The rules are the same as those for Alabama.

Louisiana

Louisiana defaults to federal law regarding breaks for workers aged 18 and over. The rules are the same as those for Alabama.

Maine

Maine does not have a “meal break” per se, but it does have a rest break, requiring 30 minutes for work periods of over six hours.

Michigan

Michigan defaults to federal law regarding breaks for workers aged 18 and over. The rules are the same as those for Alabama.

Minnesota

Minnesota requires sufficient unpaid time to eat a meal for employees who work 8+ hours. The break must be paid if it is less than 20 minutes.

Mississippi

Mississippi defaults to federal law regarding breaks for all workers. The rules are the same as those for Alabama.

Missouri

Missouri defaults to federal law regarding breaks for all workers. The rules are the same as those for Alabama.

Montana

Montana defaults to federal law regarding breaks for all workers. The rules are the same as those for Alabama.

New Jersey

New Jersey defaults to federal law regarding breaks for workers aged 18 and over. The rules are the same as those for Alabama.

New York

New York requires a one-hour noon-day period for factory workers unless the Labor Commissioner grants permission for a shorter period. For all other establishments and occupations, half an hour is required for shifts over six consecutive hours that extend over the noon-day meal period.

North Carolina

North Carolina defaults to federal law regarding breaks for workers aged 16 and above. The rules are the same as those for Alabama.

Ohio

Ohio defaults to federal law regarding breaks for workers aged 18 and above. The rules are the same as those for Alabama.

Oklahoma

Oklahoma defaults to federal law regarding breaks for workers aged 16 and over. The rules are the same as those for Alabama.

Oregon

Oregon has detailed meal and rest break rules, and violations of employee meal and rest break rights can result in costly lawsuits for employers.

Pennsylvania

Pennsylvania defaults to federal law regarding breaks for workers aged 18 and over. The rules are the same as those for Alabama.

South Carolina

South Carolina defaults to federal law regarding breaks for all workers. The rules are the same as those for Alabama.

Texas

Texas defaults to federal law regarding breaks for all workers. The rules are the same as those for Alabama.

Utah

Utah defaults to federal law regarding breaks for workers aged 18 and over. The rules are the same as those for Alabama.

Vermont

Vermont has a special lactation break law requiring employers to provide reasonable break time throughout the day to employees who are lactating.

Virginia

Virginia defaults to federal law regarding breaks for workers aged 16 and over. The rules are the same as those for Alabama.

Wisconsin

Wisconsin defaults to federal law regarding breaks for workers aged 18 and above. The rules are the same as those for Alabama.

Wyoming

Wyoming defaults to federal law regarding breaks for all workers. The rules are the same as those for Alabama.

Breaks for minors

In the UK, workers over 18 are typically entitled to three types of breaks: rest breaks during the working day, daily rest, and weekly rest. These breaks are not explicitly mentioned for minors under 18. However, employers must ensure that their staff, including minors, have adequate breaks to protect their health, safety, and well-being.

The Working Time Regulations of 1998 outline the right to rest for employees and workers in the UK. This includes a 20-minute rest break during the working day for those working more than six hours, 11 hours of rest between working days, and 24 hours of uninterrupted rest every seven working days or 48 hours every 14 working days. These regulations also apply to casual and seasonal workers.

While not specifically addressed in the sources provided, it is important to note that minors in the workplace may be subject to additional break requirements or protections under local or industry-specific laws and regulations.

Breaks for pregnant employees

Pregnant employees have the right to paid time off for antenatal care. This includes medical appointments, as well as antenatal or parenting classes if they have been recommended by a doctor or midwife. The employer must pay the employee at their normal rate for this time off.

Additionally, employers must carry out a workplace risk assessment to identify any possible risks to pregnant employees and their unborn children. These risks may include heavy lifting or carrying, standing or sitting for long periods without adequate breaks, or exposure to toxic substances.

If the risk assessment reveals any risks, the employer is legally required to take reasonable steps to remove them or prevent the employee's exposure to them. This may include allowing extra breaks, ensuring that the employee can sit down, and avoiding heavy lifting. If the risks cannot be removed, the employer must offer the employee suitable alternative work, with terms and conditions that are not substantially less favourable than their original job. If there is no suitable alternative work, the employer must suspend the employee on full pay for as long as necessary to avoid the risk.

Pregnant employees are also entitled to at least 20 minutes of uninterrupted rest break if they are working more than six hours. This break should be taken during working time, such as during a tea or lunch break, and not at the start or end of the day.

It is important to note that these rights apply to all women who are employees, regardless of whether they are full-time or part-time, or how long they have been in their job. Pregnant employees also have the right to protection against unfair treatment, discrimination, or dismissal due to their pregnancy.

Breaks for shift workers

Shift work is common in many industries, including retail, health and social care, construction, and transport. While the specific regulations regarding breaks may vary depending on the industry and location, there are some general guidelines and legal requirements that apply to shift workers in terms of rest breaks and meal periods.

Legal Requirements for Breaks

In the United States, federal law does not mandate lunch or coffee breaks for workers. However, if employers choose to offer short breaks, typically ranging from 5 to 20 minutes, these breaks are considered compensable work hours and are included in the total sum of hours worked during the workweek. This means that these breaks must be paid and can also be considered when determining overtime.

On the other hand, meal periods, which usually last at least 30 minutes, are not considered work time and are not compensable. Federal law does not require meal breaks, but some states have implemented specific laws and regulations regarding meal periods.

Break Entitlement for Shift Workers

The entitlement to breaks for shift workers can vary depending on the country and local regulations. In the United Kingdom, for example, the Working Time Regulations (1998) outline the following break entitlements for workers:

• Rest Breaks: Employees who work more than six hours per day are entitled to at least one uninterrupted 20-minute rest break during their working day. This break can be taken at any time during the day, as long as it is not at the very beginning or end of the shift.
• Daily Rest: Employees have the right to at least 11 hours of uninterrupted rest between working days. For example, if an employee finishes work at 9 pm, they should not start work again until 8 am the following day.
• Weekly Rest: Employees are entitled to at least 24 uninterrupted hours without work each week or an uninterrupted 48 hours every fortnight.

Compensatory Rest for Shift Workers

It is important to note that shift workers who are unable to take their daily or weekly rest breaks due to the nature of their work or their shift pattern may be entitled to "compensatory rest." This means that they should be provided with an equivalent period of rest at a later time to make up for the missed break.

Industry-Specific Regulations

Some industries, such as healthcare, hospitality, and transportation, may have their own specific regulations regarding breaks for shift workers. For example, hotel room attendants in certain counties in the United States are required to receive two 15-minute rest breaks if they work for seven hours or more.

Additionally, some states in the United States have their own laws regarding meal and rest breaks. For example, California requires a 30-minute meal period for shifts exceeding five hours, while Oregon has detailed meal and rest break rules that employers must follow.

Best Practices for Managing Shift Worker Breaks

When managing shift worker breaks, it is essential to adhere to legal requirements and ensure that workers are taking their entitled breaks. Additionally, providing longer or more frequent rest periods can benefit both the employees' well-being and productivity. Offering breaks that are well-timed and tailored to the specific needs of the workforce can improve morale, health, and focus.

In conclusion, while the specific regulations may vary, it is crucial for employers to understand and comply with the legal requirements regarding breaks for shift workers in their respective locations and industries. Providing adequate break times not only ensures compliance with the law but also contributes to a healthier and more productive workforce.

Frequently asked questions