Labor Laws Regarding Lunch Breaks

Labor laws regarding lunch breaks are inconsistent across the board. Because states can set laws for employers concerning meal and rest breaks, what an employee can expect varies.

Federal Regulations
There are no federal labor laws requiring employers to give workers meal breaks or rest breaks, but regulations come into play if an employer chooses to allow breaks. If the employer allows meal breaks as part of the workday, the employer does not have to pay the employee for that break. In other words, it is strictly employee time and the employee does not have to perform work duties during that time, nor is he compensated. Employers must compensate an employee for rest breaks, such as going to the bathroom, taking a quick walk to stretch the legs or grabbing some coffee.

If an employee's rest break extends beyond the company's designated break time, the employer may take steps to rectify the situation. Generally, companies state the authorized break times in the employee handbook. If an employee constantly abuses that privilege, he is subject to company disciplinary policies.

State Meal Laws
It's really up to the states to determine labor laws regarding lunch breaks by employers. Twenty-two states have strict requirements on when an employer must offer a meal break and how long that break must be. Each state is different, but most are based on consecutive number of hours worked. For example, California labor law requires a standard half hour meal break after every 5 hours worked. Maine's labor law is similar, but it incorporates a half hour break after 6 consecutive hours. Rhode Island allows 20 minutes for a meal within a 6-hour shift, and 30 minutes within an 8-hour shift.

Other states do not have any laws in place for adult workers regarding lunch breaks or rest breaks. However, employers are encouraged to include such provisions within their company guidelines. Of those states without clear laws for adults, many do require regulations for minors. For example, Utah has no provisions for adult workers but requires by law that minor workers get a 30-minute meal period after 5 hours of work and 10 minutes of rest for every 3 hours worked. Many states have passed separate laws on meal provisions for minors who are employed.