Employment Law Breaks

According to the US Department of Labor, federal law does not require lunch or coffee breaks. When employers offer short breaks (five to twenty minutes), however, federal laws regard the breaks as reimbursable, meaning that they must be included in the total of hours worked and in the determination of overtime pay. If the employer grants an employee permission to extend his or her break, the employer cannot punish the employee for taking the extended break. Meal periods lasting thirty minutes or more are not compensable because they serve a different purpose and because they are not work time. California has the most progressive laws pertaining to breaks in the US. It requires a half-hour break after five hours if the workday lasts longer than six hours. Californian employers must provide their employees with a second thirty-minute meal period if their employees work over twelve hours in one shift.

Fast Facts

  • Some US states have requirements for breaks or meal periods.
  • If an employee works in a state that does not require breaks or meal periods, he or she must enter into an agreement with his or her employer.
  • There are twenty-one US states with meal period requirements.

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