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Meal and rest break requirements

Meal and rest break requirements are the rules on whether employees receive meal periods and rest breaks, how long they last, and whether they’re paid.

Updated 2 min read2 primary sources

Federal law does not require lunch or coffee breaks, and state law can differ, so whether you must offer a meal or rest break depends on where the employee works. Under the Fair Labor Standards ActFLSA. The Fair Labor Standards Act (FLSA) is the federal law setting minimum-wage, overtime, recordkeeping, and youth employment standards for covered employment.Click to open the term (FLSA), federal rules set the minimum on pay once you offer one. Short rest breaks, usually about 5 to 20 minutes, are paid as hours worked and count toward overtime. A bona fide meal period, ordinarily 30 minutes or more, is not work time, but only when the employee is completely relieved from duty.

Which breaks are paid under federal rules?

Under the FLSA’s hours worked rules, pay follows what the employee does during the break, not what your policy calls it. A coffee or snack break is a rest period, not a meal period. A meal period stops being unpaid the moment you require the employee to perform any duties while eating, active or inactive. State law can add its own meal and rest period rules, including paid rest periods, on top of these federal rules.

BREAKPAID?CONDITION
Rest break, about 5-20 minutesYesCounts as hours worked, including for overtime
Unauthorized extension of a rest breakNoYou clearly stated the limit, the rule, and the penalty
Bona fide meal period, ordinarily 30 minutes or moreNoCompletely relieved from duty; leaving the premises not required
Meal eaten while on dutyYesRequired to perform any duties, active or inactive
Meal period under 30 minutesIt dependsShorter may qualify under special conditions
SOURCES
  1. Breaks and Meal Periods
  2. 29 CFR § 785.19 - Meal

General information, not legal or tax advice. Apply current federal and state rules with qualified guidance.

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