Do I Have to Be Paid for Breaks at Work?

Use these links to jump to different sections:

• Paid Rest Break Requirements Under the Federal Fair Labor Standards Act (FLSA)
• The Importance of Maintaining a Written Policy on Employee Breaks
• Special Rules for Teenage Workers
• Find an Experienced Employment Lawyer

Although many employers customarily give their employees daily meal breaks and rest breaks, it’s important to understand that such time off is not mandated for most employers under federal or most state laws. In fact, when it comes to “adult employees” who are at least 16 years old, there are no break laws whatsoever for rest or meal breaks in most jurisdictions.

That said, when an employer does choose to offer such breaks, they may have to pay the non-exempt employee for some of that time, depending on the circumstances. “Under Alabama labor laws, for example, it’s not a problem,” says M. Tae Phillips, an employment attorney in Birmingham. “I’ve never seen any cases involving meal or rest periods, and the reason for that is because there is no state law in Alabama governing meal or rest periods.”

Here is a brief overview of the law in this area.

Paid Rest Break Requirements Under the Federal Fair Labor Standards Act (FLSA)

The Federal Fair Labor Standards Act FLSA is the primary federal law that governs minimum wage and overtime pay in the United States. The FLSA applies when the employer does at least $500,000 in annual gross sales or conducts interstate commerce.

The FLSA does not require covered employers to offer a lunch period or rest period to their employees. However, if an employer chooses to allow short breaks of up to 20 minutes during the workday, the FLSA does require the employees to be paid for this time. More precisely, the 20-minute break is considered “hours of work time” and, therefore, subject to the same minimum wage and overtime rules as all other time spent on the clock.

The Importance of Maintaining a Written Policy on Employee Breaks

Employers should maintain a written policy regarding authorized break times to avoid confusion. For example, if an employer allows two 10-minute breaks per day, it only has to pay the employee for that time under FLSA requirements. If an employee then chooses to “extend” a break by 5 minutes, the employer does not have to pay for that unauthorized extension.

Now, the FLSA also provides that employers do not have to pay employees for any bona fide meal periods. This refers to time during the workday when an employee is “completely relieved for the purposes of eating regular meals.” Meal periods are typically at least a 30-minute meal break, although federal regulations do permit a shorter period “under special conditions.”

The phrase “completely relieved” is critical here. An employer must still pay a worker if they are required to perform any work duties while eating. A common example is an office employee asked to cover the front desk or a factory worker told to remain at their station post while eating. In either case, this is not a “bona fide meal period,” but time that must be compensated.

Special Rules for Teenage Workers

Many states follow the FLSA with respect to workers ages 16 and older. But for minors who are 14 or 15 and authorized to work, there are special state rest break requirements. In Alabama, for example, minors must receive a 30-minute meal or rest break if they are scheduled to work at least 5 continuous hours during the workday.

Find an Experienced Employment Lawyer

If you have any additional questions about how the law affects meal or rest break periods for workers of any age, you should contact an employment law attorney today. For more information about this area, see our overviews on employment law for employers and wage and hour laws.