Breaks and meal periods - Wisconsin

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.

Wisconsin does not require breaks, although the Department of Workforce Development recommends that employers provide them.

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.

If an employer provides breaks of less than 30 consecutive minutes in duration, the break time will be counted as work time. Wisconsin law does not require that employers provide brief rest periods, coffee breaks or meal periods for adult employees, although the Department recommends that employers provide them. Employers are encouraged, but not required, to provide breaks of at least 30 minutes in duration at times reasonably close to the usual meal period.

Employers must pay employees for "on duty" meal periods. An "on duty" meal period is one where the worker is not provided at least 30 consecutive minutes free from work, or where the worker is not free to leave the employer’s premises. Employers may not deduct from a worker's wages for authorized breaks of less than 30 consecutive minutes.

State

Contact

Wisconsin Department of Workforce Development Equal Rights Division Labor Standards Bureau

Regulations

Chapter DWD 274.02(2) of the Wisconsin Administrative Code

DWD 274.02(2)
(2) It is recommended that each employer allow each employee, 18 years of age or over, at least 30 minutes for each meal period reasonably close to the usual meal period time (6:00 a.m., 12:00 noon, 6:00 p.m. or 12:00 midnight) or near the middle of a shift. Shifts of more than 6 consecutive hours without a meal period should be avoided.

DWD 274.02(3 )
(3) The employer shall pay all employees for on-duty meal periods, which are to be counted as work time. An on-duty meal period is a meal period where the employer does not provide at least 30 minutes free from work. Any meal period where the employee is not free to leave the premises of the employer will also be considered an on-duty meal period.

Wisconsin Dept. of Workforce Development: Breaks and Meals

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.