['Wage and Hour']
['Breaks and Meal Periods']
06/12/2024
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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.
Nebraska does not address 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.
In Nebraska, if the owner of an assembly plant, workshop or mechanical business employs one or more persons, it must allow those employees a lunch break of not less than 30 consecutive minutes in each eight-hour shift. The employer cannot require the employee to stay on the premises.
State
Contact
Regulations
Neb. Rev. Stat. 48-212 to 48-213
48-212. Lunch hour; requirements; applicability. Any person, firm, or corporation owning or operating an assembling plant, workshop, or mechanical establishment employing one or more persons shall allow all of their employees not less than thirty consecutive minutes for lunch in each eight-hour shift, and during such time it shall be unlawful for any such employer to require such employee or employees to remain in buildings or on the premises where their labor is performed. This section does not apply to employment that is covered by a valid collective-bargaining agreement or other written agreement between an employer and employee.
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.
['Wage and Hour']
['Breaks and Meal Periods']
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