Meal Breaks

Required By Federal Law

No

Description

The FLSA does not require employers to provide meal breaks. There is no federal mandate for a meal period of any length for adult employees. Many states, however, do have mandatory meal break requirements.

If Provided

Minimum Duration Minutes

30

Compensability

unpaid

Conditions For Unpaid Status

The employee must be completely relieved of all duties for the purpose of eating a regular meal. The employee need not be permitted to leave the premises, but must be free from work responsibilities. If the employee is required to perform any work duties — even minimal tasks — during the meal period, the entire period must be compensated.

Interrupted Meal Periods

If a meal period is interrupted by a call to duty, the entire meal period becomes compensable work time. Employers may not dock pay for a meal period during which the employee was not fully relieved of duties.

On Duty Meal Periods

On-duty meal periods are counted as hours worked and must be compensated. An on-duty meal period is permissible only when the nature of the work prevents the employee from being relieved of all duties, and the employee has agreed to the on-duty meal period in writing.

Rest Breaks

Required By Federal Law

No

Description

The FLSA does not require employers to provide rest breaks. However, many states mandate paid rest breaks (typically 10 minutes per 4 hours worked).

If Provided

Short Break Threshold Minutes

20

Short Break Compensability

paid

Short Break Rule

Rest breaks of short duration, typically 20 minutes or less, must be counted as compensable hours worked. These breaks are considered to primarily benefit the employer by promoting efficiency and cannot be excluded from compensable time.

Longer Break Compensability

Breaks longer than 20 minutes may be treated as non-compensable bona fide meal periods only if the employee is completely relieved of all duties.

Key Distinction

Description

The critical distinction under federal law is not whether a break is labeled a 'meal break' or 'rest break,' but rather (1) the duration of the break and (2) whether the employee is completely relieved of all duties. Breaks under 20 minutes are always compensable regardless of label. Breaks of 30 minutes or more are non-compensable only if the employee is fully relieved of duties.

Unauthorized Extensions

Description

If an employee extends an authorized break beyond the permitted time without authorization, the extended time need not be compensated, provided the employer has expressly and unambiguously communicated that the authorized break may only last a specific length of time, that any extension is contrary to the employer's rules, and that any extension will be punished. (29 CFR § 785.18)

Because break rules under federal law relate to compensability (i.e., whether break time counts as hours worked for wage and overtime purposes), violations are enforced as unpaid wage violations under the FLSA. Employers who fail to compensate short rest breaks or who improperly deduct for meal periods where the employee was not fully relieved face liability for back wages, liquidated damages (an equal amount), and reasonable attorney fees.

Statute of limitations: 2 years