Breaks and meal periods - Maryland

Summary of differences between federal and state regulations

Breaks

Federal law does not require that employers provide rest periods or coffee/snack breaks.  However, when employers do offer short breaks, usually lasting between five to 20 minutes, the breaks must be considered work time and employees are paid for the time.

Maryland law does not require breaks for most employees age 18 or older. Generally, a break in excess of 20 minutes may be unpaid if the employee is free to leave the workstation (though unpaid breaks may have to be at least 30 minutes under federal law). However, employers of retail establishments are required to provide breaks.

Meal periods

Federal law does not require that employers provide meal periods. Bona fide meal periods, which typically last between 30 and 60 minutes, serve a different purpose than a break.  During meal periods, the employee must be completely relieved from duty.  Bona fide meal periods are not considered work time and are not compensable. If an employee is not totally relieved of job duties during the time he or she is eating a meal, then the employee must be paid for that time.

Maryland law does not require meal periods for most employees age 18 or older.

An employer who chooses to provide a break or meal does not have to pay wages for lunch periods or other breaks in excess of 20 minutes where the employee is free to leave the worksite (or workstation if leaving the workplace is physically impractical), in fact takes their lunch or break (whether freely choosing to leave or remain at the worksite), and the employee does not actually perform work.

Employers of retail establishments are required to provide breaks for employees based on the number of hours worked.

For this purpose, “employer” means a person engaged in a retail establishment business in the state that has 50 or more retail employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year; or that owns one or more retail establishment franchises with the same trade name with 50 or more retail employees in the state for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.

“Retail establishment” means a place of business with the primary purpose of selling goods to a consumer who is present at the place of business at the time of sale. The term does not include a wholesaler or a restaurant.

These provisions do not apply to an employee:

(1) Covered by a collective bargaining agreement or employment policy that includes shift breaks equal to or greater than those provided by this law;

(2) Exempt from overtime pay requirements under the Fair Labor Standards Act;

(3) Who works for a unit of the state, a county, or a municipality;

(4) Who works in a corporate office or other office location; or

(5) Who works for at least four consecutive hours for an employer at a single location with five or fewer employees.

Except as otherwise provided, an employee who works at a retail establishment for four to six consecutive hours must be given a shift break of at least 15 minutes. If the employee works for more than six consecutive hours, the employee must be given a shift break of at least 30 minutes. An employee is not entitled to a 15 minute break if the employee is entitled to the 30 minute break.

If an employee works eight consecutive hours in a single shift, the employer shall provide an additional nonworking shift break of at least 15 minutes for every additional four consecutive hours.

If an employee’s work hours do not exceed six consecutive hours, the breaks may be waived by written agreement between the employer and employee.

A shift break may be considered a working shift break if:

(i) The type of work prevents an employee from being relieved of work during the nonworking shift break; or the employee is allowed to consume a meal while working and the working shift break is counted towards the employee’s work hours; and

(ii) The employer and employee mutually agree in writing to the working shift break.

State

Contact

Maryland Department of Labor, Licensing and Regulation

Regulations

Employment Standards Service of the Maryland Division of Labor and Industry, Department of Labor, Licensing and Regulation.

Employment Standards Service - The Maryland Guide to Wage Payment and Employment Standards - Pay for Lunch and Other Breaks

Federal

Contact

The US Department of Labor is the federal agency that monitors hours worked.

Regulations

U.S. labor regulations for hours worked can be found in CFR 29: Part 785 Rest Periods and Meal Periods.