Meal and Rest Breaks: What Are Your Rights at Work?

Most companies give employees a break to eat lunch or rest during the day. Sometimes these breaks are paid, and sometimes they are not. However, not every employer is required to give you breaks.
 

Federal Law and Breaks

The main federal law about pay and work hours is called the Fair Labor Standards Act (FLSA). This law does not require employers to give meal or rest breaks. Some states do require breaks, but not all.
 

When Are Breaks Paid?

You only have to be paid for breaks if:
 

• Your state has a law saying rest breaks must be paid;
• You have to keep working during your break (for example, answering phones);
• The break is 20 minutes or less (these shorter breaks count as paid work time).

 

State Laws on Meal Breaks

Less than half of the states require employers to give meal breaks. In these states, workers who work more than five or six hours usually must get a 30-minute break to eat.

Some states don’t let employers give this break at the very start or end of the work shift.

If you’re completely free from work during your meal break, your boss doesn’t have to pay for it. But if you’re still working while eating, you should get paid for that time.

You can find out about your state’s meal break laws on the Department of Labor’s website.
 

Breaks for Younger Workers

Many states have special rules for workers under 18. Some states have stricter rules for minors than for adults. For example, in Delaware, adult workers get a 30-minute meal break after 7.5 hours, but minors get this break after 5 hours.

Rules for minors can be different if the worker is younger than 16. To find the break laws for teens in your state, contact your state labor department.
 

Breaks for Salaried Workers

Laws about meal and rest breaks usually only apply to “non-exempt” (hourly) employees. These are people who earn less than $684 a week ($35,568 per year) or are paid by the hour.

People who make more than this amount and are paid a salary are usually “exempt” from these laws. They may not get meal or rest breaks under state or federal law.

If you’re not sure whether you are an exempt or non-exempt employee, you can learn more online.
 

What To Do If Your Employer Doesn’t Give You Required Breaks

If your employer doesn’t give you the breaks your state law requires, take these steps:
 

• Check State Laws: Find out the break rules in your state.
• Keep Records: Write down your work times, when you take breaks, and if you had to work during your break.
• File a Complaint: If your boss is breaking the law, you can file a complaint with your state labor department website. Most states allow you to do this anonymously.
• Get Help: If your employer often breaks the rules or if other workers are having problems, talk to an employment lawyer.
• Talk to Your Boss or HR: If you feel safe, try mentioning the problem to your supervisor or HR department. Sometimes employers aren't aware they’re breaking the law.

If your employer still doesn’t change after you speak up, you may need to take legal action. You could get back pay, penalties, and legal fees.

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