The FLSA does not require an employer to provide meal periods or rest breaks for their employees. Many employers, however, do provide breaks and/or meal periods. Breaks of short duration, from 5 to 20 minutes, are common. As a general rule, rest breaks are considered hours worked and bona fide meal periods are not considered hours worked.

Some states do have laws requiring rest breaks and/or meal periods. Such state requirements will prevail over the silence of the FLSA on this subject. In those situations where an employee is subject to both the FLSA and state labor laws, the employee is entitled to the most beneficial provisions of each law.

For example, a private sector employee employed in a particular state is entitled, by state law, to a paid 10 minute rest break for each 4 hour work period. The employee working in that state is entitled to the rest break, even though the FLSA does not require rest breaks.

Pay for Breaks

Breaks from 5 to 20 minutes must be counted as hours worked.
Even though they are not required by the FLSA, if an employer permits employees to take breaks, they must be counted as hours worked. This includes short periods the employee is allowed to spend away from the work site for any reason.
For example:

• smoke breaks,
• restroom breaks,
• personal telephone calls or visits, or
• to get coffee or soft drinks, etc.

Note, however, that your employer need not count unauthorized extensions of authorized breaks as hours worked when the employer has expressly and unambiguously advised you that the break may only last for a specific length of time and that any extension of the break is contrary to the employer's rules and will be punished.

To determine whether a break of more than 20 minutes is hours worked, or for more information on breaks in general, please contact Werman Law Office, P.C.
Some states do have laws requiring rest breaks and/or meal periods. Such state requirements will prevail over the silence of the FLSA on this subject. In those situations where an employee is subject to both the FLSA and state labor laws, the employee is entitled to the most beneficial provisions of each law.

For example, a private sector employee employed in a particular state is entitled, by state law, to a paid 10 minute rest break for each 4 hour work period. The employee working in that state is entitled to the rest break, even though the FLSA does not require rest breaks.

Meal Periods

Generally, 30 minutes or more is enough time for a bona fide meal period. A shorter period may be long enough under special conditions.

Questions? Contact an overtime pay lawyer at Werman Law Office, P.C.