Does an Employer Have to Give You a Lunch Break?
- The United States Department of Labor, Wage and Hour Division, administrates federal labor laws, which does not mandate employers give employees lunch breaks. If your employer chooses to give daily meal periods, which usually last at least 30 minutes long, he does not have to pay you for the time taken. Federal law also does not require your employer to give short breaks, which usually lasts between five and 20 minutes long. If he chooses to give short breaks, they are considered paid time, except if you take more time than allowed; in this case, he does not pay for the extra time taken.
- Each state has a labor department that governs state wage and hour laws. Some states largely follow federal law while others have additional provisions. Your employer should check with its state labor department for applicable lunch break laws. For example, a California employer must give employees a lunch break of at least 30 minutes when their daily work hours exceed five hours; a six-hour time frame applies to certain employees in the motion picture industry. Some states, including California and Colorado, require employers to give paid rest breaks when the employee works a certain amount of hours for the day.
- Under federal law, for a lunch break to be considered unpaid, you must be entirely relieved from your work duties for the purpose to eat meals. If you are required to work while eating, you are not relieved and should therefore be compensated for the meal period. Your employer should check your state's requirements regarding on duty meal periods. For example, in California, an on duty meal period applies if your occupational duties prevent you from being relieved from all duty and if a written on-the-job meal period agreement exists between you and your employer.
- Depending on your state, your employer can require you to stay on the workplace premises during your meal periods, even if you are not performing any duties during the break. Your employer might have to pay you for the meal period since you are not granted the time for your own purposes and you are still under her control.