According to federal regulations, it is not mandatory for employers to provide employee rest breaks or meal periods. However, as scheduled work breaks tend to greatly increase employee efficiency and happiness, most employers encourage one or two meal and rest periods throughout the workday.
If you’re one of those employers, here are the few regulations you are required by federal law to fulfill…
(Note: the following are federal requirements only – not state. As some states have additional meal and rest period regulations, one should always research their state rules as well.)
Rest Periods
For example, if a worker is allotted a rest period of 20 minutes, but takes a 30-minute break instead, the employer is only responsible for adding the 20 minutes to the worker’s pay.
Meal Periods
Typically 30 minutes long, like rest periods, breaks in the workday for meals are not mandatory. If an employee is granted a meal period, however, law requires that the employee be relieved completely of all work-related duties while on their break, and as such the employer need not compensate them for their time.
Should, in the event of an emergency, a worker be needed back on duty during a meal period, time spent working is billable time, until the employee is able to resume their break once more.
Additional Considerations
In the case of disabled persons or nursing mothers, the Americans With Disabilities Act and Fair Labor Standards Act require employers to modify workplaces as necessary to accommodate such persons. These modifications can include longer break periods, altered work assignments, wheelchair accessible workspaces, private nursing areas that are not bathrooms, and more frequent breaks for mothers to pump breast milk as necessary.
Additionally, most meal and rest period standards apply to non-exempt employees (workers who are paid hourly, versus by salary). As such, employers with exempt employees should look into their specific standards, as well as refer to their individual state regulations.
(This post was based in part off of this article by Sherrie Scott.)
For more information on Federal guidelines including links to other guidelines regarding meal/rest periods, see https://www.dol.gov/general/topic/workhours/breaks. Since many of our clients are in CA, our next post will share those specific guidelines.
