Employer’s Guide to Federal Employee Break Laws

No matter how dedicated and hardworking your employees are, there will be certain points throughout the day when they need to take a break to eat and recharge. Employee breaks are important for the health and well-being of your workforce, but they are also essential for maintaining productivity and motivation levels throughout the day.

But are there any laws regulating how often you should be offering breaks? And do you need to pay your employees for this downtime?

In today’s post, we will share everything you need to know about the federal and state laws governing employee breaks, including how often you should offer them, whether or not they are paid, and best practices for compliance.

• Which Federal Law Regulates Employee Breaks?
• Types of Employee Breaks Regulated by the FLSA
• State Employee Break Laws
• Frequently Asked Questions 
• Best Practices for Compliance with Employee Break Laws
• The shift management software that makes employee scheduling easy ✅

Which Federal Law Regulates Employee Breaks? 

The Fair Labor Standards Act (FLSA) establishes a number of employee rights and employer obligations in the US. This includes the right to a minimum wage, overtime pay regulations, and employer record-keeping requirements. It also includes limits to working hours and child labor standards. The act applies to all employees working in the private sector and in Federal, state, and local governments. Failure to comply with any aspect of the FLSA can result in penalties, litigation, and reputational damage.

In terms of employee breaks, the FLSA does not specifically require employers to provide meal or rest breaks to employees. Instead, employers are free to decide how often they will provide employees with downtime throughout the working day. However, according to the U.S. Department of Labor, if an employer chooses to allow a break period, they must pay employees for all breaks that are under 20 minutes long. Breaks that are longer than 30 minutes are classified as “off-the-clock” so employers do not have to pay for this time. 

You can find out more about the FLSA with this handy FLSA reference guide.

Special Circumstances

Another aspect to keep in mind, aside from the above, is the industry that you operate in. This is important because certain industries have additional rules about employee breaks, primarily due to health and safety.

For example:

• Healthcare. Many states have laws that require specific break times for nurses due to the intense and demanding nature of their work. For instance, California requires employers in the healthcare industry to offer nurses 30-minute meal breaks for shifts over five hours. Nurses in California are also entitled to a second meal break for shifts over 10 hours.
• Manufacturing. In manufacturing, where shifts can be long and the work physically demanding, there are often specific state laws that require breaks at regular intervals to ensure worker safety and productivity.
• Construction. In the construction industry, both state regulations and union rules often specify break requirements to manage fatigue and ensure safety on job sites, especially during extreme weather conditions.
• Hospitality. Finally, certain states have specific regulations for meal and rest breaks for workers in restaurants and other food service establishments. For instance, New York employers must offer employees who work shifts of more than six hours a meal break of at least 30 minutes between the hours of 11 a.m. and 2 p.m. Additionally, employees are entitled to a 20-minute meal break between 5 p.m. and 7 p.m. if their shift extends into this period.

Types of Employee Breaks Regulated by the FLSA 

Ok, next question: Which types of breaks are regulated by the FLSA? And what is the impact of this law on scheduling and shift management?

Here’s everything you need to know.

Rest Breaks

These are short breaks that usually last between 5 and 20 minutes. Rest breaks give employees the opportunity to take a quick break to rest, recharge, use the facilities and have a quick coffee. This is essential for maintaining concentration, efficiency and productivity.

Because these breaks are so short, the FLSA classifies them as regular work hours. This means that you cannot deduct this downtime from an employee’s paycheck.

Meal Periods

These are longer breaks that last 30 minutes or longer. Meal periods give employees the opportunity to eat a meal during the workday if they are working a long shift. If the employee is completely relieved of all duties during this time and free to spend it as they wish, then these breaks are usually unpaid (unless your internal policy says otherwise). However, if an employee has to work during their meal break, or if they are interrupted for work reasons during this time, then you must compensate them for the entire meal break.

Schedules and Overtime

Finally, the FLSA does not define any guidelines for scheduling employee work hours and employee breaks. However, it does regulate other aspects of working hours for certain categories of workers, including overtime. 

To understand how this relates to your workforce, you first need to understand the difference between exempt and non-exempt employees under the FLSA. The primary difference between exempt and non-exempt employees relates to their eligibility for overtime:

• Exempt employees: An employee who you class as being exempt from the overtime provisions of the Fair Labor Standards Act (FLSA).
• Non-exempt employees: An employee who you do not class as being exempt from the overtime provisions of the Fair Labor Standards Act (FLSA). 

To determine if your employees should be classified as exempt or non-exempt, you need to consider the following factors:

• How much you pay them (if less than $35,568 per year, then they are non-exempt)
• How you calculate pay (hourly workers are generally non-exempt, but most salary workers are exempt)
• The type of work you have contracted them to do (employees who perform executive duties, administrative duties, outside sales duties, or learned/creative/computer professional duties are generally exempt)

If an employee is non-exempt, then you must pay them overtime (at a rate of time and a half) for all hours worked over 40 in a workweek. In terms of scheduling breaks, you must also ensure that non-exempt employees are given short rest breaks.

State Employee Break Laws 

Another important aspect to keep in mind when you design your policy for employee breaks is whether or not there are any state laws governing how often you must offer breaks and if you need to pay employees for this time off. 

This is important because state employee break laws can vary significantly across the United States, with some states offering more extensive protections than the minimal federal guidelines provided by the Fair Labor Standards Act (FLSA).

For example, in terms of meal breaks:

• California employers must provide a 30-minute meal break for shifts longer than five hours (and a second meal break for shifts longer than 10 hours). If an employee works no more than 6 hours, the meal break can be waived by mutual consent.
• New York employers must offer a meal period of at least 30 minutes for employees who work shifts of more than six hours. This break must be taken between the hours of 11 a.m. and 2 p.m.
• Massachusetts employers must offer a 30-minute meal break to employees working more than six hours in one shift.

And in terms of rest breaks:

• Washington employers must provide a paid 10-minute rest break for every four hours that an employee works.
• Colorado employers must provide a paid 10-minute rest break for every four hours of work, plus a 30-minute meal break for shifts exceeding five consecutive hours.
• Oregon employers must provide a 10-minute paid rest break for every four hours worked, in addition to a 30-minute meal break for work periods of six hours or more. 

Check the rules in your state before you create your policy on employee breaks to ensure compliance. 

Frequently Asked Questions 

Before we move onto best practices for compliance with federal and state laws on employee breaks, let’s recap everything we’ve seen with some Frequently Asked Questions.

How Many Breaks Do Employees Get in an 8-Hour Shift? 

According to the FSLA, employers do not have a legal obligation to offer meal or rest breaks to employees. However, if they do choose to offer short breaks (between 5 and 20 minutes), they must pay them for this time. If they offer meal breaks (typically at least 30 minutes when the employee is completely relieved from duty), this time is classed as “off-the-clock” and they do not have to pay employees for this downtime.

How Long Are Employee Breaks? 

The duration of breaks can vary based on several factors, including the employer’s policies, state laws, and the nature of the work. Federal law does not impact the duration of an employee break.

Are Employee Breaks Paid? 

Again, no, not necessarily. There is no federal requirement to pay for breaks, with the exception of short rest breaks. Although the law does not force you to offer short breaks, if you do and the breaks are 20 minutes or less, then the FLSA classifies this time as regular work hours. This means that you cannot deduct this downtime from an employee’s paycheck. In terms of meal breaks, you only legally have to pay for these if the employee is not fully relieved of their duties whilst taking lunch. 

However, don’t forget to check state laws and industry guidelines as the requirements of these may impact whether you have to pay for employee breaks.

What About Smoking Breaks?

There is no legal requirement to offer employees smoking breaks. Instead, it is up to the employer and their internal policies.

Can Employees Waive Their Break Rights?

The question of waiving breaks typically doesn’t apply at the federal level. However, if employers choose to provide short breaks, these are considered compensable work time and cannot be waived as they are part of the paid workday. State laws, however, may vary. For example, in California, an employee can waive the meal break if the total workday is no more than six hours.

Best Practices for Compliance with Employee Break Laws 

Right, now let’s take a look at this from a more practical point of view. In other words, how can you ensure compliance with state and federal employee break laws?

Here are some essential best practices to implement in your business.

Create Clear Employee Break Policies

First of all, make sure you understand all the rules and regulations governing employee breaks. This includes the requirements of the FLSA, any state laws that may apply, and any industry guidelines regulating employee breaks, such as the examples we saw above. Then, based on all this information, you can create an employee break policy that outlines your company’s rules for taking breaks, always ensuring that you stick to the law. 

A few things to include in your employee break policy:

• The different types of employee breaks that you offer (meal breaks, rest breaks, smoking breaks, etc.) and when employees can take them.
• Whether breaks are paid or unpaid.
• Where employees can take their breaks.
• If rules differ for part-time vs full-time employees.
• If rules differ for exempt vs. non-exempt employees.
• How you’ll track break times (if required) to ensure compliance.

Once you’ve written your employee break policy, make sure all employees have access to it. The best way to ensure this is by including it in your employee handbook or online portal. 

Establish Compliant Break Schedules

Another essential aspect to keep in mind is how you will schedule employee breaks. This is important because you probably don’t want all your employees to take their breaks at the same time as this could impact overall productivity. The best way to do this is by using scheduling or shift management software.

In terms of the schedules themselves, don’t forget to take shift lengths into account, as longer shifts will often require more employee breaks. You should also try to avoid scheduling long stretches without breaks, especially near the end of a shift.

Finally, make sure you communicate break schedules in advance when you can. That way, employees can plan their time accordingly. 

Define Your Policy for Handling Shifts Longer Than 8 Hours

The next best practice to follow is defining your policy for handling shifts that last longer than 8 hours. This includes how you will schedule breaks when employees work overtime. Make sure you meet or exceed state and federal minimums for meal breaks and rest breaks (if applicable). For example, you could consider offering a second meal period for shifts exceeding a specific duration (e.g., 10-12 hours).

Educate Employees on Their Rights

Make sure your employees understand their rights in terms of breaks. This is something you could include in your breaks policy, or you could simply hang a poster in the employee break room. 

Whatever channel you choose to communicate this information, make sure you are clear about the following: 

• Break types. The difference between meal breaks (usually unpaid) and rest breaks (often paid) as mandated by federal and state laws. 
• Industry guidelines. Any industry-specific break requirements that go beyond federal or state laws.  
• Employee classification. How classification (exempt or non-exempt) affects rest entitlements.
• Schedule and process. How you schedule breaks and the process for requesting break adjustments.
• Tracking. If your state requires break tracking, how you will record this information.
• The importance of taking scheduled breaks. Emphasize that taking breaks is an employee right protected by law and not a privilege.
• Policy. Where employees can access your break policy.

Train Managers on Break Law Compliance

Generally speaking, even if you use company-wide scheduling software, it’s your managers who will be responsible for ensuring that employees take their scheduled breaks. That’s why it’s so important to make sure that they understand federal and state break laws, industry guidelines, and your internal breaks policy. 

The best way to ensure that this information is consistent and understood is by offering a training session on this. You should also share best practices for distributing breaks fairly throughout the workday and allowing some flexibility while ensuring breaks aren’t routinely skipped.

Use the Right Software

Finally, we can’t stress enough how important it is to use the right tools and software to manage employee breaks in your business. For instance, you can use an Excel timesheet to calculate employee hours worked (such as this schedule template) or an employee calendar to communicate break schedules, but it’s far more efficient to use shift management software to manage your breaks. Prioritize software with features that help you schedule breaks according to legal requirements and consider factors like employee classification, shift length, and minimum break durations.

Also, it’s a very good idea to use time-tracking software with an electronic time clock to ensure that breaks are taken at the correct times. Extra bonus if this software can be integrated with your payroll software. This can streamline break time recording, help you comply with time-tracking legal requirements, and ensure accurate wage calculations at the end of each pay period.

Other technological solutions that can help you comply with federal and state laws include a document manager to help you maintain accurate records of breaks and talent management software that you can use to train your managers on everything they need to know. Plus, an employee portal is a highly efficient way to keep your employees informed of their rights and provide them access to your break policy.

Above all, make sure that the software solutions that you use are user-friendly for both managers and employees. This will make it much easier to simplify and manage your employee breaks and ensure compliance with federal and state laws.