
If you operate your business in one of the 20 states that do have meal and rest break laws, however, it is important to ensure you remain in compliance with those rules. State law varies considerably - some have stringent rules like in California, while 30 states have no requirements whatsoever. “And they should be included in the total of hours worked and when determining overtime.”Īdditionally, meal breaks of 30 minutes or more do not need to be paid as long as an employee is relieved of all work-related responsibilities during that time.īeyond this consideration, federal law is quiet on the matter of meal and rest breaks. “When employers do offer breaks lasting from 5 to 20 minutes, federal law considers breaks of that length as compensable,” said Moses Balian, HR expert at JustWorks.

The only federal standard that exists requires employers who choose to offer breaks to compensate employees accordingly during those break times. Under the federal Fair Labor Standards Act (FLSA), employers are not required to permit employees to take breaks throughout the work day. Here’s what you need to know about crafting a meal and rest break time policy for your small business.Įditor’s note: Looking for the right time and attendance system for your business? Fill out the below questionnaire to have our vendor partners contact you about your needs. However, even where break times are not mandated by state law, employers might decide to offer breaks to their employees to improve morale and productivity. Meal and rest break laws vary from state to state some have stringent regulations mandating break times while others don’t have any requirements for employers.


There is no federal requirement for employers to offer meal or rest breaks, and state law varies considerably.
