Cameron Miranda
Break laws vary from state to state, and it's important to stay up-to-date with the rules in your state. While federal guidance on the subject of lunch breaks is slim to none, state laws concerning paid and unpaid breaks vary. For example, in Oregon, a healthcare facility filed a lawsuit with the federal court system to overturn the state's detailed meal and rest break rules. In Alabama, federal law regarding breaks for workers aged 16+ is the default. In North Carolina, there is a law making it illegal for an employer to discriminate against an employee for the employee's lawful use of lawful products, such as tobacco, during non-working hours.
| Characteristics | Values |
|---|---|
| Location | Break laws vary by state in the US |
| Employees covered by break laws | Non-exempt employees |
| Employees not covered by break laws | Exempt employees receiving over $23,000 annually |
| Minor break | 14-15-year-old employees who work more than 5 continuous hours get a 30-minute break |
| Alabama break laws | Default to federal law regarding breaks for workers aged 16+ |
| Alabama break law specifics | If an employer chooses to provide a break, it must be paid only if it lasts less than 20 minutes |
| Alabama meal periods | 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 |
| North Carolina break laws | It is illegal for an employer to discriminate against an employee for the employee's lawful use of lawful products, such as tobacco, during non-working hours |
| North Carolina break laws | It is up to the employer to set rules for employees during working hours concerning breaks and if they are allowed to smoke on the premises during the workday |
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What You'll Learn
Break rules vary by state
In Alabama, federal law regarding breaks for workers aged 16+ states that 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.
It is important to stay up-to-date on break rules in your state, especially heading into a new year. While rest break rules can be convoluted, they are actually quite easy to comply with these days with the right payroll software and scheduling system in place. All meal and rest break laws only apply to non-exempt employees. For exempt employees receiving over $23,000 annually, breaks are at the employer’s discretion.
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Break rules can be confusing
In North Carolina, there is a law that makes it illegal for an employer to discriminate against an employee for their lawful use of lawful products, such as tobacco, during non-working hours. However, it is up to the employer to set its own rules for employees during working hours concerning breaks and whether they are allowed to smoke during the workday.
It is important to stay up-to-date on break rules in your state, especially heading into a new year. While rest break rules can be convoluted, they are actually quite easy to comply with these days with the right payroll software and scheduling system in place. All meal and rest break laws only apply to non-exempt employees. For exempt employees receiving over $23,000 annually, breaks are at the employer's discretion. For example, in Alabama, 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.
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Employees can sue for break-rule violations
It's important to stay up-to-date on break rules in your state, especially heading into a new year. While rest break rules can be convoluted, they are actually quite easy to comply with these days with the right payroll software and scheduling system in place. Understanding and adhering to the legislation that applies in your state is key. It's also important to be clear about what breaks are allowed, encourage staff to take them, and ensure they are accurately recorded.
All meal and rest break laws only apply to non-exempt employees. For exempt employees receiving over $23,000 annually, breaks are at the employer's discretion. In Alabama, for example, federal law regarding breaks for workers aged 16+ states that 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.
In North Carolina, there is a law that makes it illegal for an employer to discriminate against an employee for the employee's lawful use of lawful products, such as tobacco, during non-working hours. However, it is up to the employer to set its own rules for its employees during working hours concerning breaks and whether its employees are allowed to smoke on its premises during the workday.
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Employers can set their own rules for breaks
While there is no federal law in the US regarding breaks, each state has its own laws. For example, in North Carolina, it is illegal for an employer to discriminate against an employee for their lawful use of lawful products, such as tobacco, during non-working hours. However, it is up to the employer to set rules for breaks during working hours.
In Alabama, federal law states that workers aged 16 and over are entitled to a break, but it only has to be paid 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.
It is important for employers to be clear about what breaks are allowed, encourage staff to use them, and ensure they are accurately recorded. This can be done with the right payroll software and scheduling system in place.
Employers should also understand and adhere to whatever legislation applies in their state. For example, in Oregon, there are detailed meal and rest break rules, and violations of employee meal and rest break rights can result in costly lawsuits.
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Breaks are at the employer's discretion for exempt employees
Break laws are complex and vary from state to state. In 2022, an Oregon healthcare facility filed a lawsuit with the federal court system to overturn the state's detailed meal and rest break rules. The facility was attempting to avoid nearly $100 million in fines due to persistent violations of employee meal and rest break rights dating back to 2015.
While federal guidance on the subject of lunch breaks is slim to none, state laws concerning paid and unpaid breaks vary. For example, in North Carolina, there is a law making it illegal for an employer to discriminate against an employee for the employee's lawful use of lawful products, such as tobacco, during non-working hours. However, it is up to the employer to set its own rules for its employees during working hours concerning breaks and if its employees are allowed to smoke in its premises or not during the workday.
In Alabama, 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.
All meal and rest break laws only apply to non-exempt employees. For exempt employees receiving over $23,000 annually, breaks are at the employer’s discretion. It is important to stay up-to-date on break rules in your state and to understand and adhere to whatever legislation applies in your state.
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Frequently asked questions
This depends on the state. For example, in 2022, an Oregon healthcare facility filed a lawsuit with the federal court system to overturn the state’s detailed meal and rest break rules.
No, all meal and rest break laws only apply to non-exempt employees.
Breaks are at the employer's discretion.
Yes, state laws concerning paid and unpaid breaks vary.
In North Carolina, there is a law making it illegal for an employer to discriminate against an employee for the employee's lawful use of lawful products, such as tobacco, during non-working hours. However, it is up to the employer to set its own rules for its employees during working hours.
