In the United States, there is no federal law mandating that employees be given a lunch break. However, many states have their own laws on the books requiring employers to provide workers with a brief respite during the workday. According to a 2019 Quickbooks Time survey, over half of U.S. workers take a 30-minute lunch break, while 25% report taking 60-minute breaks. The average lunch break for Americans is about 36 minutes.
Although most workers are entitled to some sort of break during the workday, not all breaks are created equal. In some cases, employees may be expected to work through their lunch break or take a “working lunch.” These arrangements can add a layer of complication to an already complex issue. To help clarify federal rest and lunch break laws and explain the consequences of non-compliance, we asked the experts to weigh in.
Are breaks required under FLSA?
The FLSA does not require business owners to offer lunch or rest breaks to employees. However, the Department of Labor (DOL) and the FLSA outline requirements for paid and unpaid breaks. The DOL’s position is that under the FLSA, employees must be paid for any break that lasts less than 20 minutes. This includes coffee breaks, smoking breaks, and time spent on personal errands. However, meal periods (usually lasting 30 minutes or more) are not considered work time, and therefore employees do not need to be paid for them. You can access the DOL’s meal period requirements for all 50 states by clicking here.
And while federal law doesn’t require breaks, many states maintain their own break laws, including specific regulations regarding how long breaks must be and how often employees are entitled to them. Business owners should familiarize themselves with the break laws in their state to ensure they are in compliance. Swipeclock has put together a great resource that outlines meal and rest breaks in all 50 states. You can click here to access that article.
How long can an employee work without a break, legally?
It is important to be aware of your rights as an employee when it comes to breaks. While there is no federal law requiring breaks, some states have more restrictive laws in place. For example, workers in California are entitled to a ten-minute break for every four hours worked and a half-hour meal period after working for five hours. It is important to know your rights and to ensure that you are taking the necessary breaks throughout the day. If you feel that your employer is not providing you with adequate breaks, you may want to consult with an attorney to discuss your options.
Summary
Though the federal government does not mandate meal or rest breaks, employers must still be aware of state laws surrounding the issue. Some states, like California, require employers to provide employees with a certain number of paid rest and meal breaks throughout the workday. Other states have different laws or no laws at all. As a result, it can be difficult for business owners to keep up with the changing landscape.
Time tracking software can help ensure compliance with break laws. By requiring employees to track their own breaks and lunches, employers can get a clear picture of how much time employees are spending on breaks and make necessary adjustments. In addition, this type of software can help prevent employees from working through their breaks or getting called back to work during their breaks. By taking these steps, employers can help ensure compliance with break laws and avoid costly penalties.
