Many employers provide paid or unpaid rest periods or lunch breaks for their employees. Despite its popularity, however, employers are not obligated to provide meal breaks or rest breaks under the federal Fair Labor Standards Act (FLSA). Several states have taken action to compel such breaks, but others have not.
When you take a break for a meal or rest, your employer is not required to pay you unless:
- According to your state’s law, rest periods must be paid
- You have to work during your break, or
- Breaks last 20 minutes or less; these shorter breaks are generally considered paid breaks and must be taken every day.
State Legislation on Meal Breaks
Businesses are only required to give a meal break in less than half of the states. Employees working more than five or six hours at a time in states that require meal breaks are normally allotted a half-hour to eat. Certain states make it illegal for employers to give this time off near the start or finish of a shift. The Department of Labor’s website has a list of state meal break laws.
If you are entirely released from all work responsibilities, you are not eligible to be compensated for this time off. If you must work while eating, such as answering phones or waiting for delivery, you have the right to be compensated for that time.
State Laws Governing Rest Breaks
Nowadays, just a few states mandate companies to allow employees to take rest breaks during the workweek. For every four hours working, most of these states encourage employees to take a ten-minute rest period with salary.
Quite a few states compel companies to provide employees with ample break time to use the lavatory, while others allow employers to choose between providing food or rest breaks.
Younger Workers are Subject to Different Rules
Businesses in a handful of states are required to enable younger employees to take meal or rest breaks. In states where adult workers are required to take breaks, the laws for juveniles are sometimes more stringent. People that work at least seven and a half hours, for example, are eligible for a 30-minute meal break; teenagers are eligible for a 30-minute break after working five hours.
Many states have specific break laws that apply to all minors (workers under the age of 18), while others have unique break rules that apply just to minors under the age of 15. Consult your local labor department or an Employment Lawyer in Los Angeles for facts on your state’s break rules for younger workers.
What to do If You are Not Getting Your Breaks?
Your state labor department should be contacted if you’re not allowed to take the legally required breaks or if you’re forced to work through breaks without getting paid.