20 states, Guam, and Puerto Rico have meal period requirements for employees, according to the DOL. Among those, nine states require rest breaks for employees who work more than a few hours. The Department of Labor (DOL) and the FLSA outline requirements for paid and unpaid breaks. And while federal law doesn’t require breaks, 20 states maintain their own break laws.
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29 CFR 785.18 - Rest Periods.
29 CFR 785.19 - Meal Periods.
Key recommendations when you need to implement break schedule and validation.
Employers should require employees to track rest and meal breaks using a time tracking system.
Make sure users provides explanation/notes if they are planning to skip meal break or working during their break schedule.
Never force employees to clock out for breaks if they’re working during their break time.
Produce a break policy that clarifies the types of breaks employees can take, the length of each break, and how to track breaks.