
Longer permitted meal breaks (usually at least 30 minutes) may be unpaid as long as the employee does not have to do any work-related tasks during that time. If an employer elects to permit short breaks (no more than 20 minutes), employees must be paid for that time. Arkansas – The only applicable requirement under state law pertains to minors less than 16 years of age working in the entertainment industry.Arizona – There are no relevant state break laws.

Longer permitted meal breaks are unpaid, as long as employees do not perform any work. If an employer elects to allow breaks, it must pay its employees for the time on break if it is no more than 20 minutes. There is no such requirement for an employee age 18 or older. The break must be taken after the first 90 minutes of work but before the beginning of the last hour of work.


In other words, an employer who is aware that an employee is “working through lunch” to complete a task, and allows him or her to do so, must pay the employee for that time.Įmployers who decide to provide meal and/or break rests to their employers, but then fail to provide those rests to their employees, may be in violation of the FLSA and may be penalized by the US Department of Labor. Under the Fair Labor Standards Act (FLSA), employers must pay non-exempt employees for any time classified as “ hours worked.” This means an employer may have to pay an employee for any work done during a bona fide meal break, even if the work is done voluntarily. On the other hand, employers that allow bona fide meal or lunch breaks (usually lasting at least 30 minutes) do not have to pay employees for that break time as long as the employees are not required to work during such breaks. Employers must also pay employees for permitted restroom breaks even if they are not explicitly addressed in the employer’s policy. For example, employers that allow non-meal rest periods (usually lasting up to 20 minutes) must pay employees for that time. This applies regardless of whether the employee is exempt or non-exempt from minimum wage or overtime requirementsĮven so, employers that choose to provide meal and break periods are legally obligated to follow certain requirements. employers provide meal, lunch, or break periods for their workers except for nursing mothers to express breast milk. Links to Additional Resources Federal Meal and Break RequirementsĬurrently, there are no federal break laws mandating that U.S.
