Louisiana Lunch Breaks: Know Your Legal Rights

In Louisiana, federal law does not mandate that employers provide meal breaks or rest breaks to employees. However, the state has enacted its own legislation regulating meal breaks for minor employees. As of August 1, 2024, employees under the age of 16 in Louisiana must receive a 30-minute meal break when working five or more consecutive hours. This break can be unpaid if it lasts for more than 20 minutes, and the employee is relieved of all duties.

Minors must be given a 30-minute break

In Louisiana, minors (those under the age of 18) are legally entitled to a 30-minute meal break when working 5 or more consecutive hours. This law is in place to protect the health and well-being of young workers, ensuring they have time to rest, eat and access nutrition. This break can be unpaid if it lasts for more than 20 minutes, as long as the minor is relieved of all work duties. It is worth noting that this law only applies to minors under the age of 16 as of August 1, 2024.

The state of Louisiana does not require employers to provide meal or rest breaks for workers aged 18 and over. This is in contrast to federal guidelines, which recommend that short breaks of 20 minutes or less should be paid and considered part of the workday. However, Louisiana law supersedes this, and employers are not mandated to provide any breaks for adult employees.

The right to a lunch break for minors in Louisiana is a legal requirement, and employers may face penalties or fines for non-compliance. Employees can also take legal action, which could result in the employer having to pay back wages.

It is important to note that while minors may be able to waive their lunch breaks, this is at the discretion of the employer. The timing of the break is also at the employer's discretion, as long as it occurs during the minor's shift.

Louisiana's lunch break laws for minors are designed to protect young workers and ensure they have time to rest and eat during their working day. These laws highlight the importance placed on the health and well-being of minors in the state.

Minors' break can be unpaid if it's over 20 minutes

In Louisiana, employers are not required by federal law to provide meal breaks or rest breaks to their employees. However, the state has enacted legislation to ensure that certain employees, particularly minors, receive breaks.

As of August 1, 2024, minors under the age of 16 who work for five or more consecutive hours must be given at least a 30-minute meal break. This break can be unpaid if it lasts for more than 20 minutes and the minor employee is relieved of all duties during that time. Prior to this update, the law applied to all minors, regardless of their age.

The change in legislation was driven by House Bill 156, authored by Rep. Roger Wilder, who argued that the previous law was outdated and placed unnecessary restrictions on businesses. Opponents of the bill, such as Christina LeBlanc at Invest Louisiana, raised concerns about the well-being of minor workers, especially in physically demanding jobs, and emphasized the importance of breaks for their growth and development.

It is important to note that while minors may be able to waive their required lunch breaks, this decision ultimately rests with the employer's discretion. Additionally, employers who fail to comply with the break laws for minor employees may be subject to penalties or fines, and employees can take legal action to claim back wages.

No lunch break laws for adults

In Louisiana, there is no legal requirement for employers to provide lunch or rest breaks for employees aged 18 and over. While federal law does not mandate specific breaks or meal periods, it does provide guidelines on whether employees should be paid during these times. Short breaks, typically 20 minutes or less, should be considered working hours and included in the employee's compensation. Bona fide "meal periods", which are usually 30 minutes or longer, do not need to be compensated as work time, but only if the employee is completely relieved of their duties during the break. If the employee is still required to perform any tasks, no matter how minor, this time must be included in their wages.

Louisiana law does not outline any lunch or break provisions for workers over the age of 18, but federal regulations do apply in this area. This means that while breaks are not required, employers must pay employees for time spent working, including shorter breaks taken during the workday. If an employer chooses to provide a longer meal break during which the employee is relieved of all duties, this time does not need to be included in their wages.

In contrast to the regulations for adults, Louisiana's state law mandates that employees under the age of 18 must be given a 30-minute meal break if they work for five or more consecutive hours. This break can be unpaid if it lasts for more than 20 minutes, and the employee is not required to perform any duties. House Bill 156, proposed by Rep. Roger Wilder, aims to end this requirement, arguing that businesses should be able to decide whether their minor employees take breaks. Those opposed to the bill, such as Christina LeBlanc at Invest Louisiana, argue that taking away mandatory breaks would be harmful to minor workers, especially in physically demanding jobs or during hot weather.

While Louisiana employers are not legally required to provide lunch breaks for adult employees, it is important to note that many employers choose to do so as a matter of custom and policy. Recognizing that employees who are hungry and tired may be less productive and pleasant to customers and coworkers, employers often find it sensible to allow for meal and rest breaks.

Federal law doesn't mandate lunch breaks

Federal law does not mandate lunch breaks. While many employers provide meal and rest breaks as a matter of custom and policy, recognising that employees need time to eat and rest, it is not a legal requirement.

In the United States, federal law does not give employees the right to time off to eat lunch or take short breaks during the workday. Employees must be paid for shorter breaks they are allowed to take, but employers are not required to provide these breaks in the first place. Federal law only requires that an employer pay for certain times, even if designated as a break, and does not mandate that employers offer break time. Short breaks, usually 20 minutes or less, should be counted as hours worked and must be paid. Bona fide "meal periods" are usually 30 minutes or more and do not need to be compensated as work time, as long as the employee is relieved of all duties. If the employee is required to do any work duties, no matter how minor, during this time, it must be paid.

Louisiana law does not have any lunch and break provisions for workers aged 18 and over. However, the state does have specific laws regarding meal breaks for minors (those under the age of 18). In Louisiana, employees aged 14 to 17 must be given a 30-minute meal break if they work for five hours or more. This break can be unpaid if it lasts for more than 20 minutes. House Bill 156, authored by Rep. Roger Wilder, is looking to end this mandatory lunch break for minor workers. The bill argues that the current law is outdated and that minors should be able to decide if they want a break. Those opposed to the bill argue that taking away mandatory breaks is harmful to minor workers, especially in physically demanding jobs or in hot weather.

Employers must pay for shorter breaks

In Louisiana, federal law and state law differ when it comes to lunch breaks. While federal law does not mandate that employers provide meal breaks, Louisiana state law requires that employees under the age of 18 (or 16, according to another source) receive a 30-minute meal break when working five or more consecutive hours. This break can be unpaid if it lasts for more than 20 minutes, and the employee is relieved of all duties.

However, federal law does require employers to pay for shorter breaks that employees are allowed to take during the day. Breaks lasting from five to 20 minutes are considered part of the workday and must be paid. If an employee is required to work through a meal break, that time must also be paid. For example, a receptionist who covers the phones or waits for deliveries during lunch must be compensated for that time.

It is important to note that these federal regulations only come into play if an employer chooses to allow breaks. Employers are not legally required to provide breaks, but if they do, they must pay employees for time spent working during those breaks.

In summary, while Louisiana state law specifically addresses meal breaks for minors, federal law takes precedence for employees 18 and over, and requires that they be compensated for shorter breaks, even if longer meal breaks are unpaid.

Frequently asked questions