['Wage and Hour']
['Breaks and Meal Periods']
06/13/2024
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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.
Tennessee law does not generally address break periods, except for pregnant or lactating mothers.
Breaks for pregnancy-related medical issues
In June 2020, the governor signed the Tennessee Pregnant Workers Fairness Act into law. Employers with 15 or more employees are required to provide reasonable accommodations, such as providing frequent, longer, or more flexible breaks, for those with medical issues related to pregnancy (absent undue hardship). The new law went into effect October 1, 2020.
Breaks for expressing breast milk
An employer must provide reasonable unpaid break time each day to an employee who needs to express breast milk for that employee’s infant child. The break time shall, if possible, run concurrently with any break time already provided to the employee. An employer is not required to provide break time if doing so would unduly disrupt the operations of the employer.
The employer must make reasonable efforts to provide a room or other location in close proximity to the work area, other than a toilet stall, where the employee can express breast milk in privacy. The employer shall be held harmless if reasonable effort has been made to comply with this requirement.
For the purposes of these breaks, “employer” means a person or entity that employs one or more employees and includes the state and its political subdivisions.
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.
Tennessee provides that employees of private employers employing at least five employees receive a 30-minute unpaid meal or rest period if they are scheduled to work six consecutive hours, unless the workplace allows for time for appropriate breaks. Breaks cannot be scheduled during or before the first hours of work activity.
Option for food/beverage service employees to waive meal period
Employees who serve food or beverage, receive tips, and report the tips to the employer may waive the meal period requirement. The waiver must be established through mutual consent between the employer and the employee.
The employee shall put the waiver in writing and provide a copy to the employer within a reasonable time period. However, the request must be made voluntarily and knowingly. An employer may not coerce an employee into waiving the meal period.
The employer shall establish a reasonable policy to permit employees to waive their meal period subject to the demand of their specific work environment. This policy shall be in writing and posted in at least two conspicuous places in the workplace. This policy must include (but isn’t limited) to the following:
- A wavier form indicating the employee acknowledges the employee's right, under Tennessee law, to receive an unpaid meal period of not less than 30 minutes during a six-hour work period;
- The amount of advance notice required by the employer for the employee's intent to waive the employee's meal period;
- The length of time the waiver will be in effect;
- A provision for the employee or employer to rescind the waiver or postpone the waiver date; and
- The minimum and maximum amount of meal periods the employee is allowed to waive during a given time period.
The employer shall have just cause to rescind an employee's request to waive the meal period by providing at least seven calendar days' written notice to the employee, subject to the demand of their work environment. Such discretion of the employer shall also permit an employee to modify the employee's wavier to another reasonable day and time.
State
Contact
Tennessee Department of Labor and Workforce Development
Regulations
Tennessee Code, Title 50, Chapter 2, Part 1, §50-2-103 Payment of employees in private employments.
Break provisions can be found inparagraph (h).
Each employee must have a thirty (30) minute unpaid rest break or meal period if scheduled to work six (6) hours consecutively, except in workplace environments that by their nature of business provide for ample opportunity to rest or take an appropriate break. Such break shall not be scheduled during or before the first hour of scheduled work activity.
Tennessee Code, Title 50, Chapter 1, Part 3, §50-1-305. Breast milk expressing by employees — Break time and place.
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.
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