Published by After advising 50+ small business owners on labor compliance, I've found that meal break rules cause more confusion than almost any other employment topic.
Here's the reality: a non-exempt employee working more than 5 hours in a single shift is entitled to 1 meal period lasting at least 30 minutes. The employer must provide this meal break no later than the end of the 5th work hour.
However, federal law doesn't actually require breaks—these rules come from state laws, which vary significantly.
What is a Meal Break?
A meal break is a period when an employee stops working to eat, rest, or handle personal matters. Federal law, specifically the Fair Labor Standards Act, does not mandate that employees get breaks.
However, when employers do provide meal periods of 30 minutes or more, they can be unpaid—but only if the employee is completely relieved of all duties.
State laws are where the real requirements live. California requires one paid 10-minute rest period for every 4 hours worked and a 30-minute meal break for anyone who works 5+ hours. Meanwhile, states like Texas, Florida, and Georgia have no meal break requirements at all for adult workers.
The key distinction: if you must remain on-call or perform any tasks during a "break," your employer must pay you for that time regardless of what state you work in.
Why are Work Breaks Important?
Taking a break from work increases focus when employees return to work, thus improving job productivity. Taking a break also relieves stress, which helps workers' mental health and well-being. These factors contribute to increased job satisfaction.
How Many Breaks Should I Get in an 8-Hour Work Shift?
In most states, non-exempt employees are entitled to 1 unpaid 30-minute meal break, and 2 paid 10-minute rest breaks throughout an 8-hour shift.
Also Read: Lunch Break at Work
Can Employees Choose Not to Take a Break?
Yes, employees have the right to waive their lunch breaks, but only if they work for less than 6 hours.
Can I Work Through My Lunch Break?
Federal law mandates that during a lunch break, you should be fully relieved of any work duties. This is why lunch breaks can be unpaid. However, if you are performing work during a lunch break, and your supervisor knows that you are working through lunch, you should be paid for the time.
Related Article: Example of Working Off the Clock
Can a Manager Stop You From Taking a Break?
Employers have a certain amount of control over when employees take their breaks, but they can't control what they do during breaks. The law stipulates that the break should come as close to the middle of the day as possible, but it does not control exactly when this is.
What if an Employee Refuses to Take a Work Break?
So long as the employee is not skipping breaks or working through them due to the employer's failure to offer the break or due to the pace of business, employers are not required to "police" the break and make sure the employee takes the break.
Can You Get into Trouble for Being in the Bathroom Too Long at Work?
Most states are "at-will" states, which means that an employer can terminate an employee for literally any reason without warning. However, your employer cannot dictate your bladder for you, and if you were fired because your boss decided that you are taking too many bathroom breaks, you should contact a law firm to learn more about your legal rights.
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FAQs
What Are the Rules if I Work More Than 5 Hours?
If your workday extends beyond 5 hours, you are typically required to take a meal break. The specific rules can vary by state, with some requiring additional breaks if the work period extends much longer.
Is the Meal Break Paid or Unpaid?
Meal breaks are generally unpaid unless you are required to remain on duty during the break, or if your employer's policy or your employment contract states otherwise.
What if I Work Through My Meal Break?
If you end up working through your meal break, your employer is generally required to pay you for the time worked. Some states have specific laws that may also require an additional premium pay for missed breaks.
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