![]() Employees can waive their right to take a meal break but only if they work no more than six hours. In California, for example, workers are entitled to a 10-minute paid rest break for every four hours worked "or major fraction thereof" and a 30-minute unpaid meal break for every five hours they work. State laws differ as to the frequency of breaks required, whether workers can waive breaks and whether employees must be allowed to leave the premises, Greenberg explained. Most meal and rest break rules are governed by state law, but compliance can be tricky, particularly for multistate employers that have to consider many different requirements, said Charles McDonald, an attorney with Ogletree Deakins in Greenville, S.C. ![]() For employers that choose to offer short breaks (up to 20 minutes), the Fair Labor Standards Act does require employers to pay employees for that time and count that time as hours worked when calculating overtime pay. Do workers have to be paid for breaks? Do breaks have to be taken at a certain time during the shift? Here's what employment law attorneys told SHRM Online.įederal law does not require meal or rest breaks for adult employees, said Richard Greenberg, an attorney with Jackson Lewis in New York City. Employers may have a difficult time figuring out which employees are entitled to take meal and rest breaks and what rules they have to follow when offering those breaks.
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