Meal Breaks

• Even though employers are not mandated to give lunch breaks, many do. The DOL defines a lunch break as at least 30 minutes or more and employees being completely relieved of doing any work while eating their meals. Employers decide on the amount of time to give employees for lunch breaks and when they can take these breaks. Employees can find out this information from their human resources department. How lunch breaks are handled may vary between salaried and hourly workers.
  
  

Rest Breaks

• When employers offer employees coffee breaks lasting anywhere from 5 to 20 minutes, the DOL says federal law considers this as paid time to be included in the sum of hours worked during a workweek. Many employers offer workers a morning and afternoon break. The employer specifies the length of these breaks. When employees are on call while still at their job this time is also considered paid time. If the employee is on call while at home or checking messages, this time is not considered by federal law as paid time.
  
  

State Labor Law on Meal Breaks

• The DOL says that 20 states and two U.S territories have lunch break requirements for workers in the private sector. Seven of these states also have rest break requirements. Over 35 states and U.S. territories have lunch break requirements for minors. Most of the states with meal requirements have employers allowing at least 30 minutes for a meal after the fifth or sixth hour consecutive hour of work. If work is concluded in six hours or less then no meal break is required. The state laws may vary depending on the industry.
  
  

Considerations

• While the FLSA does not mandate meal and rest breaks it does require employers to grant nursing mothers time during the day to express breast milk. The mandate requires this break each day for up to one year after the birth of a child. Employers are also required to provide a private space, other than a bathroom, that is free from intrusion fro the public and co-workers. The FLSA does not require compensation for this break time, however. If an employer already offers coffee breaks and nursing mothers use those times to express milk, then they are compensated just as other employees.