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THE law on breaks in the work place?

Updated: 4/29/2024
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14y ago

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The only Federal law governing breaks and lunches is a mention under the FLSA requiring that employees be paid for any break that is less than 20 minutes long. There is no Federal requirement that an employee be granted meals or lunches.

Some states have adopted laws and some, such as those in California, are rather complicated, but most states do not regulate this particular topic.

What state(s) are you working in?

Virgina has just pass a no smoking in public and working as a restaurant manager, I was wondering if I in violation if i denied my employees smoke breaks? Or am I required to give them a five minute break every four hours

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14y ago
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15h ago

The law on breaks in the workplace varies by jurisdiction, but in many places, employees are entitled to short breaks during their shifts, such as a 10 or 15 minute break for every 4 hours worked. Additionally, some jurisdictions require longer meal breaks, typically around 30 minutes to an hour, depending on the length of the shift. It's important for employers to be familiar with the laws governing breaks in their specific location to ensure compliance.

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14y ago

Break laws vary from place to place. Call your State Dept. of Labor or go to their website to find the laws applicable in your location. Yes, employee break laws do apply to food stores and restaurants.

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14y ago
In the United States

The answer to this question depends on what state you are working in. Federal law does not address break or meal periods. Most states do not address break or meal periods. If you live in a state that does not address break or meal periods, then the rules regarding break and meal periods are defined by your employer at their discretion.

Note that meal periods are typically unpaid. Most states have separate laws that require meal periods for workers under the age of 18; this data is only for employees 18 and over.

California - 30 minutes after 5 hours unless the workday is completed in 6 hours; another 30 minutes after an additional 5 hours unless the workday is completed in 12 hours. Employee and employer may agree to waive meal period.

Colorado - 30 minutes after 5 hours unless the workday is completed in 6 hours.

Connecticut - 30 minutes after 2 hours and 30 minutes before final 2 hours if employee is working more than 7.5 hours.

Delaware - 30 minutes after 2 hours and 30 minutes before final 2 hours if employee is working more than 7.5 hours.

Illinois - applies to hotel housekeepers only - (2) 15 minute breaks paid and (1) 30 minute break unpaid if employee is working more than 7 hours.

Kentucky - "reasonable period of time" between 3rd and 5th hour of work.

Maine - 30 minutes after 6 hours.

Massachusetts - 30 minutes after 6 hours.

Minnesota - "sufficient time" if employee works more than 8 hours.

Nebraska - 30 minutes between 12 pm and 1 pm or during other "suitable time"

Nevada - 30 minutes if employee works more than 8 hours.

New Hampshire - 30 minutes after 5 hours unless employee may eat while working.

New York - 1 hour during midday for factory workers; 30 minutes if employee works more than 6 hours and shift covers midday period; additional 20 minutes between 5pm and 7pm if shift starts before 11am and continues after 7pm; 1 hour mid-shift for factory workers if shift lasts for more than 6 hours and runs between 1pm and 6am; 45 minutes mid-shift if shift lasts for more than 6 hours and runs between 1pm and 6am.

North Dakota - 30 minutes after 5 hours.

Oregon - 30 minutes if shift lasts 6 - 8 hours.

Rhode Island - 20 minutes within 6 hours or 30 minutes within 8 hours.

Tennessee - 30 minutes after 6 hours.

Washington - 30 minutes after 5 hours; additional 30 minutes if employee works 3+ hours beyond regular workday.

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14y ago

Depends on the employment law(s) in your state. You might not be entitled to any breaks if your a part time employee.

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11y ago

depends on the number of hours worked

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