Overview
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.
Meal and Rest Break Breaks - States | |
Meals Meal Breaks - States |
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Federal law does not require meal or rest breaks. However, when employers do offer short breaks Regulations on rest and meal periods make a distinction between rest periods (usually lasting about 5 to 20 minutes) , federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the workweek and considered in determining if overtime was worked. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the break will be punished.Meal and compensable waiting time or on-call time, all of which are paid work time and meal periods (typically lasting at least 30 minutes ), serve a different purpose than coffee or snack breaks and, thus, that are not compensable work time and are not compensable.
•The Fair Labor Standards Act (FLSA) does not require businesses to offer lunch or rest breaks to employees.
•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. Nine of those mandate lunch and rest breaks.. Reference the following links
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.
How to Setup Break Meals and Rest Schedule by State in DATABASICS?