Understanding Break Laws: 15-Minute Reprieve Explained

There is no federal law requiring 15-minute breaks in the United States. However, some states have laws in place mandating breaks for employees, including 15-minute breaks. While federal law does not require meal or coffee breaks, short breaks of up to 20 minutes are considered compensable work hours and are included in the sum of hours worked during the workweek. Meal periods, typically lasting at least 30 minutes, are not considered work time and are not compensable.

Employees under 18

The laws on breaks for employees differ depending on the state and the industry in which they work. However, there are some general rules that apply across the US. Federal law does not require companies to offer breaks of any kind during work hours. Nevertheless, if an employer does choose to provide breaks, any rest breaks shorter than 20 minutes are considered part of the workday and must be paid. Meal breaks, which are longer than 20 minutes, can be unpaid and do not count as work time, as long as the employee is not working during that time.

Some states have specific standards for those under 18. For example, in Alaska, employees must provide a half-hour break to employees aged 14-17 if they work six hours or more. In Alabama, employers only need to provide a half-hour meal break to employees under 16 if they work more than five continuous hours. In Florida, 30-minute meal breaks are granted to employees under 18 who work four or more hours in one shift. In Indiana, workers under 18 must get 30-minute meal breaks, which can be split into two separate breaks, when they work six straight hours. In Louisiana, employers are required to give employees under 18 a 30-minute meal break when working five or more hours. This can be unpaid as long as they are free from work responsibilities. In Pennsylvania, employers are required to give minors under 18 a 30-minute rest period when working shifts of five hours or longer. This can be unpaid if the employee is exempt from all work during that time.

Retail workers

In the United States, federal law does not require employers to provide their employees with lunch or coffee breaks. However, if an employer does offer short breaks, federal law considers breaks under 20 minutes as compensable work hours. Breaks exceeding 20 minutes are not compensable and can be classified as "off-the-clock".

The Fair Labor Standards Act (FLSA) does not require employers to give breaks to their employees. However, 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.

The length of breaks for retail workers depends on the length of their shift. For example, in Maryland, a 15-minute break is required for four to six hours of consecutive work. This increases to a 30-minute break for shifts longer than six hours. Employees are entitled to an additional 15-minute break at eight hours and for every four hours worked thereafter. This regulation applies only to retail establishments with 50 or more retail employees for each workday.

In California, employees in the retail industry are entitled to a 10-minute paid rest break every four hours. Additionally, they are entitled to a 30-minute meal break for shifts longer than five consecutive hours.

In New York, mercantile and other establishments must allow employees a 30-minute break for lunch. Employees who work longer than six hours a day over the lunch period are allowed a 30-minute lunch break at noon.

In summary, while there is no federal mandate for lunch or coffee breaks, individual states have their own regulations regarding break lengths and compensation. Retail workers' break entitlements will vary depending on their state and the length of their shift.

Meal breaks

• State law requires paid breaks
• The employee works through the break (e.g. if they eat while working)
• The break is shorter than 20 minutes

Breaks lasting longer than 30 minutes can be unpaid if employees do not work during that time.

Some states have their own laws regarding meal breaks, and these vary. For example, in California, employees are entitled to a 30-minute meal break if they work more than five consecutive hours. In New York, factory workers are entitled to a one-hour noon break, while employees in other establishments are entitled to a 30-minute break for shifts over six consecutive hours that extend over the noon period.

In some states, employers are exempt from providing meal breaks if certain conditions are met, such as if the employee is under 18, or if providing the break would endanger public safety.

Unions and Collective Bargaining Agreements

Union collective bargaining agreements can also provide for breaks, even in states that don't require them. For example, an employee might take a 30-minute unpaid lunch break and two paid 10-minute breaks during an eight-hour shift.

Minors

Some states have specific standards for minors. For example, in Delaware, adults are given a 30-minute break for seven and a half hours worked, while those under 18 get the same break time for only five hours worked.

Lactation Breaks

Some states, such as Arkansas and Vermont, have laws requiring employers to provide reasonable unpaid break time to employees who are lactating.

Rest breaks

In the United States, there is no federal law requiring companies to offer breaks during work hours for meals or any other purpose. However, if a company chooses to allow break periods, federal law states that any break under 20 minutes should be paid, and any break over 30 minutes can be unpaid and classified as "off-the-clock".

Some states have laws requiring meal and rest breaks, and failing to comply can result in severe fines and even lawsuits. For example, in Pennsylvania, employers can receive a fine of $75 to $300 or a prison term of 10 to 60 days.

• 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.
• In Colorado, employees get a 30-minute meal break 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.
• In New York, a one-hour noon-day period is required for factory workers unless the Labor Commissioner grants permission for a shorter period.
• In Texas, a 15-minute break is required for four to six hours of consecutive work, and this increases to half an hour for shifts longer than six hours.
• In Washington, employees who work between 6 and 8 hours are entitled to a 20-minute meal break, and employees who work for 8 or more hours are entitled to a 30-minute break.

It is important to note that these laws may vary depending on the industry and the age of the employees, with minors typically afforded more break leniency than adult employees.

Exemptions

While there is no federal law mandating 15-minute breaks, some states have laws requiring meal and rest breaks. Here are some exemptions to break laws:

• In some states, industries such as wholesale baking, motion picture and broadcasting have their own requirements separate from general break laws.
• In certain states, specific industries are exempt from break laws. These include iron works, glass works, paper mills, letter presses, bleaching or dyeing works, and agricultural industries.
• In some states, employees over the age of 18 are not required to take breaks.
• In certain states, employees who are covered by a collective bargaining agreement or a written employer-employee agreement may be exempt from break laws.
• In a few states, employees certified by the State Board of Education are exempt from break laws.
• In a few states, employees under the age of 18 are required to take breaks, while those over 18 are not.
• In a few states, employers with fewer than a certain number of employees (usually 2 or 5) on a shift are exempt from providing breaks.
• In some states, employers are not required to provide breaks if compliance would impair public safety or if the duties of the position can only be performed by one specific employee.
• In certain states, employers are exempt if their workplace environment provides ample opportunity for breaks throughout the day, such as in the food and beverage industry.

Other Exemptions

• In some states, employers are not required to provide breaks for shifts under a certain length, typically 6 hours.
• In a few states, employers are not required to provide breaks if the workday will be completed in 6 hours or less and there is mutual employer-employee consent to waive the break.
• In certain states, employees can waive their right to a meal break by signing a written agreement with their employer.

Frequently asked questions