Meal Periods and Rest Breaks
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.
|