• Federal regulations dictate when time for breaks and meal periods must be paid.

Fair Labor Standards Act (FLSA) regulations do not require employers to provide breaks or meal periods, but many state laws do require them.

Although federal regulations do not require break or mealtimes, they do define when such time must be paid, or when it can be unpaid.

Rest periods of short duration, usually 20 minutes or less, are customarily paid for as working time. These short breaks must be counted as hours worked.

Bona fide meal periods (typically 30 minutes or more) need not be compensated as work time if employees are completely relieved from duty to eat regular meals. Employees are not relieved if they are required to perform any duties, whether active or inactive, while eating. Such duty could include “voluntary” work, as may happen if a machine operator chooses to review the instruction manual for a machine while eating lunch. Employees should not only be relieved of duty, but also informed that no work should be performed during unpaid meal periods.

Many states have more specific laws regarding rest and meal periods. These laws generally require employers to provide employees with time off for meals or to simply cease work. The laws may also indicate when such breaks are required, usually based upon how many hours are worked. For example, a state law may indicate that a rest break is required for every four hours worked, or may require a meal period if the employee is scheduled for more than six hours per day.

State and federal laws also have different, and usually additional, requirements for minor employees under 18 years of age.