Do I Have To Be Paid for Breaks at Work?

Although many employers customarily give their employees daily meal breaks and rest breaks, paid rest and lunch breaks are not required under federal law. Most states don’t require paid meal time breaks. When an employer does choose to offer breaks, they may have to pay the non-exempt employee for some of that time, depending on the circumstances.

The U.S. Department of Labor (DOL) considers short breaks to be compensable work hours, included in pay time. Meal breaks are not work time and are not paid. However, many state laws, collective bargaining agreements, and employment agreements provide for paid breaks.

The following is an overview of paid and unpaid break laws. To find out whether you have paid or unpaid time to take a break, contact a local labor and employment lawyer.

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 to most employers. Covered employers have at least $500,000 in annual gross sales or conduct 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 paying employees for this time. The 20-minute break is considered “hours of work time” and subject to the same minimum wage and overtime rules as all other time spent on the clock.

The FLSA and federal law do not require mandatory break periods for consecutive hours of work or meal breaks for an 8-hour shift. However, some state labor laws require paid breaks. Many union jobs have additional paid and unpaid break protections. Individual employers may also provide paid breaks or meal time for employees.

State Laws for Paid Break Times

The FLSA regulates minimum wage, overtime, and child labor laws. However, most employment and labor regulations fall under state law. States rest break laws vary, including:

• Paid or unpaid lunch breaks
• Minimum hours worked for required breaks
• Minimum break time

A few states require paid breaks. California has some of the strongest employee rights protections. In California, employees get one paid rest break (at least 10 minutes) for every 4-hour work period. California workers also get at least a 30 minute lunch break for working more than 5 hours a day.

Most states require at least unpaid meal breaks. Maryland provides a minimum 15 minute break for shifts over 4 hours, and half-hour breaks for 6 or more hours of work.

States like Arizona and Alabama do not require breaks, whether paid or unpaid. “Under Alabama labor laws,” 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.”

Other Labor Laws Requiring Breaks

Other state and federal laws may require break periods for workers. For example, the Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations for disabled workers, which may include additional break periods during the work day. Breastfeeding workers get reasonable break times and a private area to express milk.

If an employer refuses reasonable break periods for covered workers, the employer can face an employment discrimination claim. Employers only get exemptions for reasonable accommodations when they cause undue hardship.

Maintaining a Written Employee Break Policy

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.

Many employers communicate policies on break times informally. However, that can lead to confusion and disputes between workers and management. A clear employment policy detailing breaks can avoid these disputes. When spelling out an employee break policy, including details about:

• Time for break periods
• Minimum shift for breaks
• Number of breaks for 8-hour shifts
• Whether breaks are paid or unpaid
• Break extensions
• Choosing not to take a break

Now, the FLSA also provides that employers do not have to pay employees for any bona fide meal periods. This refers to the 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 significant. 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. However, for minors who are 14 or 15 and authorized to work, there are special state rest break requirements. For example, in Alabama, minors must receive a 30-minute meal or rest break when scheduled to work at least five 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 and labor law attorney today. For more information about this area, see our overviews on employment law for employers and wage and hour laws.