Meal and Rest Break Laws in Employment: 50-State Survey under Employment Law
Meal and Rest Break Laws in Employment: 50-State Survey
Federal Law Overview
Under the Fair Labor Standards Act (FLSA), there is no federal requirement for employers to provide meal or rest breaks. However, if an employer chooses to provide short breaks (typically 5 to 20 minutes), these must be paid. Meal breaks (typically 30 minutes or more) are not required to be paid if the employee is completely relieved from duties during this time.
State-Specific Break Laws
1. California
Meal Breaks: Employees working more than 5 hours must receive a 30-minute unpaid meal break. A second meal break is required if working more than 10 hours.
Rest Breaks: Employees are entitled to a 10-minute paid rest break for every 4 hours worked.
Case Law: In Brinker Restaurant Corp. v. Superior Court (2012), the California Supreme Court clarified that employers must provide meal and rest breaks but are not required to ensure that employees take them.
2. New York
Meal Breaks: Employees working more than 6 hours must receive a 30-minute unpaid meal break.
Rest Breaks: Not mandated by state law.
3. Texas
Meal and Rest Breaks: Not required by state law. However, if provided, breaks of 20 minutes or less must be paid.
4. Ohio
Meal Breaks: Not required by state law.
Rest Breaks: Not required by state law.
5. Minnesota
Meal Breaks: Employees working 8 or more consecutive hours must receive a 30-minute unpaid meal break.
Rest Breaks: Not specified by state law.
6. Tennessee
Meal Breaks: Employees working 6 or more consecutive hours must receive a 30-minute unpaid meal break, unless the nature of the work provides ample opportunity to rest.
Rest Breaks: Not required by state law.
7. Delaware
Meal Breaks: Employees working 7.5 or more consecutive hours must receive a 30-minute unpaid meal break.
Rest Breaks: Not required by state law.
8. Washington
Meal Breaks: Employees working 5 or more hours must receive a 30-minute unpaid meal break.
Rest Breaks: Employees working 4 or more hours are entitled to a 10-minute paid rest break.
9. Oregon
Meal Breaks: Employees working 6 or more hours must receive a 30-minute unpaid meal break.
Rest Breaks: Employees working 4 or more hours are entitled to a 10-minute paid rest break.
10. Illinois
Meal Breaks: Employees working 7.5 or more consecutive hours must receive a 20-minute unpaid meal break.
Rest Breaks: Not required by state law.
Case Law Examples
1. Brinker Restaurant Corp. v. Superior Court (2012)
Issue: Whether employers must ensure that employees take their meal and rest breaks.
Holding: The California Supreme Court held that employers must provide meal and rest breaks but are not required to ensure that employees take them.
2. Naranjo v. Spectrum Security Services Inc. (2022)
Issue: Whether meal and rest period premium pay is subject to the same wage statement and final pay requirements as other wages.
Holding: The California Supreme Court unanimously held that meal and rest period premium pay is subject to the same wage statement and final pay requirements as other wages earned by employees.
Summary
Meal Breaks: Most states require meal breaks for employees working a certain number of hours, typically ranging from 5 to 8 hours.
Rest Breaks: Fewer states mandate rest breaks, and the duration and conditions vary.
Employer Obligations: Employers are generally required to provide breaks as specified by state laws. Failure to do so may result in legal consequences.
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