The Basics of Meal and Break Laws

Let’s breakdown the break laws into its three components:

1. Federal law
2. Distinction between break and meal
3. State requirements

Isn’t Every Employer Required to Give Every Employee a Coffee Break (even if they don’t drink coffee)?

The first rule of break law is – there is not a break law at the federal level. While the federal government encourages employers to provide breaks to employees, employers are not legally held responsible to give breaks. This can only change when, and if, the federal government passes a bill that requires employers to do so. For now, it is up to the individual states and employers to provide rest breaks and policies.

What About Meal Breaks? Is Every Employee Legally Entitled to One of Those Under Federal Law?

When it comes to meal breaks (a.k.a. lunch breaks), federal law doesn’t require employers to set time aside for employees. However, federal law does step in if the employer grants meal breaks. A short meal break – lasting 20 minutes or less – must be counted as hours worked and therefore paid. Employers do not have to pay the break time if the employee took an unauthorized extension after the employer clearly communicated the rules of break time. For meal breaks lasting 30 minutes or longer and the employee is completely relieved of all their duties, the employer can designate this time as unpaid.

So If Federal Law Doesn’t Really Regulate Breaks, What About State?

For meal breaks, most states leave it as a matter of private contract between the employer and employee. There are a few that do have mandated 30 minute paid lunch breaks, like Florida and California. Florida law requires employers to provide a meal period of 30 minutes or more to employees under the age of 18 who work more than four hours. However, Florida does not have a break law for employees over the age of 18. In the state of California, a mandatory, unpaid, off duty 30-minute break or more must be provided to all employees working more than five hours – regardless of age. Even then some state laws can be trumped on meal break requirements by collective bargaining agreements between unions and employers.

Some states require a 10-minute rest break for every four hours worked, and some have no law requirements at all, like the state of Ohio. Ohio does not have a law requiring employers to provide rest breaks or lunch breaks. When state laws require rest breaks, there is a specific formula for employers to follow as to when the break must be provided and the length of time. It is best to review the state law where a business operates to ensure full compliance.

For an overview of all state law meal periods, please visit: http://www.dol.gov/whd/state/meal.htm.

This is an overview of the regulatory requirements for break and meal laws. For more information and advice on individual circumstances, employers should seek the appropriate legal counsel.