伊利诺伊州签署SB 3650法案，大幅提升临时工薪酬与福利保障 Illinois governor signs temp worker bill into law2024年8月9日，伊利诺伊州州长J.B.普里茨克签署了SB 3650法案，将该州有争议的《日薪和临时劳动服务法》进行了修订。新法案旨在为临时工提供与直接雇员相同的薪酬和福利待遇，并将享受福利的等待期从90天缩短至30天。伊利诺伊州劳动部已撤回其拟议的规则，预计将在新法案成为法律后重新提交修订后的提案。SB 3650对使用临时劳动力的招聘公司和第三方用户客户提出了新的要求，包括薪酬和福利平等、集体谈判协议例外，以及更新的员工通知要求和新的申请人接收要求。此外，法案还明确规定，招聘公司不得将临时工派遣到有罢工、停工或其他劳资纠纷的工作场所，且必须在派遣时以书面形式通知工人，并告知其有权拒绝该工作而不影响其获得其他工作的权利。这些变化旨在改善伊利诺伊州临时工的工作条件。
Illinois governor signs temp worker bill into law
2024年8月9日，伊利诺伊州州长J.B.普里茨克正式签署了SB 3650法案，对《日薪和临时劳动服务法》进行了全面修订，标志着该州在保护临时工权益方面迈出了重大一步。新法案特别针对工业招聘公司，旨在确保临时工能够享受与正式雇员相同的薪酬和福利待遇，同时对招聘流程中的多项关键要素进行了规范。
平等薪酬与福利的保障
根据SB 3650法案，临时工必须与直接雇佣的正式员工享有同等的薪酬和福利待遇。这一规定旨在解决长期以来临时工在薪酬和福利方面面临的显著差距，确保他们在工作中获得公平的对待。
法案中的一项重要修改是将临时工享受平等待遇的等待期从90天缩短至30天，或720小时。这一调整大大缩短了临时工获得与正式员工相同福利待遇的时间，使他们能够更快地享受应有的权利。这意味着临时工在一个月内就可以获得与正式雇员相同的医疗、休假和其他福利，这对于那些依赖临时工作维持生计的工人来说是一个重大的改善。
数据使用的新规定
SB 3650法案还为招聘公司提供了新的操作指南，使他们可以通过使用美国劳工统计局（BLS）数据库中的数据来确定相应职位的薪酬标准，而不再完全依赖客户提供的数据。这一规定不仅简化了招聘公司的操作流程，也为薪酬标准的确定提供了更加客观的依据，进一步保障了临时工的薪酬公平性。
劳资纠纷通知义务
为了更好地保护临时工的权益，SB 3650法案增加了一项新规定，要求招聘公司在派遣临时工到存在罢工、停工或其他劳资纠纷的工作场所时，必须在派遣前以书面形式通知工人。这些通知内容必须包括当前劳资纠纷的详细信息以及工人有权拒绝该派遣任务而不影响其获得其他工作的权利。此项规定旨在防止临时工在不知情的情况下被派遣到具有潜在风险的工作环境中，从而保障他们的职业安全。
集体谈判协议的豁免
此外，法案还明确规定，在存在集体谈判协议的情况下，某些条款可以被豁免。这意味着如果工会代表的临时工和雇主达成了集体谈判协议，某些标准化的规定可能不适用于这些工人。这一条款为集体谈判留下了灵活性空间，确保工会能够根据实际情况与雇主达成最符合工人利益的协议。
法案通过的背景和意义
伊利诺伊州劳动部在法案签署之前，撤回了其此前拟议的与临时工相关的规则修订，并计划在新法案生效后重新提交修订后的提案。这一撤回动作表明州政府在立法过程中对最新的法律变化进行了充分的考量，并将通过进一步的修订来确保新法案的实施符合实际需求。
SB 3650法案的通过被广泛认为是伊利诺伊州在保护劳动者权益方面的又一次重大立法进展。尤其是在临时工这一常常被忽视的群体中，该法案提供了更全面的保护措施，有望改善数十万临时工的工作条件。这一立法不仅对伊利诺伊州的临时工带来了直接的影响，也可能为其他州提供参考，推动全美范围内临时工权益的进一步提升。
通过这一法案，伊利诺伊州再次显示出其在劳工保护立法上的前瞻性和领导地位，成为其他州在保障劳动者权益方面的重要借鉴对象。
Summary of SB 3650: Illinois Day and Temporary Labor Services Act Amendment
Bill Number: SB 3650
General Assembly: 103rd
Sponsor: Sen. Robert F. Martwick
Purpose:
The SB 3650 bill amends the Illinois Day and Temporary Labor Services Act with the aim of enhancing protections for temporary workers in Illinois. The key focus areas of the amendment include ensuring equal pay and benefits for temporary workers as compared to directly employed workers, shortening the waiting period for benefits, and introducing new requirements for staffing agencies and their clients.
Key Provisions:
Equal Pay and Benefits: Temporary workers must receive the same pay and benefits as directly employed workers in comparable positions.
Waiting Period Reduction: The waiting period for temporary workers to become eligible for equal benefits is reduced from 90 days to 30 days or 720 hours.
Use of Bureau of Labor Statistics Data: Staffing agencies are allowed to use the US Bureau of Labor Statistics (BLS) database to determine comparable pay rates instead of relying on client-provided data.
Employee Notice Requirements: Temporary workers must be notified in writing if they are being sent to a location with an ongoing strike, lockout, or work stoppage, and they must be informed of their right to refuse the assignment without prejudice.
Exemption for Collective Bargaining Agreements: The bill provides an exemption for cases where a collective bargaining agreement is in place.
Status:
The bill was signed into law by Governor J.B. Pritzker on August 9, 2024.
Rest and Lunch Break Laws in Every US State (2024)Employee meal and rest break rights depend on their own laws according to their state. Meal, rest and minor breaks are detailed below for states of Alabama, Alaska, California….
Summary
Federal law does not require meal or rest breaks. – More
Some states have laws requiring meal and rest breaks – failing to comply can result in severe fines and even lawsuits.
Employers can reduce their risk exposure by automatically scheduling meal breaks and recording them on timesheets with the right software. – More
When it comes to rest and lunch breaks, it’s easy for managers to assume that a few minutes here and there won’t make a difference.
However, this is simply not the case. We’ve seen break-rule violations result in costly lawsuits over the past several years.
In April of 2022, an Oregon healthcare facility filed a lawsuit with the federal court system to overturn the state’s detailed meal and rest break rules. It’s an attempt to get out of nearly $100 million in fines due to persistent violations of employee meal and rest break rights dating all the way back to 2015.
What’s confusing is that if this healthcare facility was in a different state, say Arkansas, these violations and fines would not exist.
Federal guidance on the subject of lunch breaks is slim to none – but state laws concerning paid and unpaid breaks vary.
It’s important to understand what state-specific rules do and do not apply to your business. While these rules can be convoluted, it is actually quite easy to comply these days with the right scheduling software in place.
Federal break laws
No federal law requires companies to offer breaks during work hours for meals or any other purpose.
However, according to the U.S. Department of Labor, federal law says that if a company chooses to allow break periods, any break under 20 minutes should be paid, and any over 30 minutes can be unpaid and classified as “off-the-clock.”
So, in essence, the federal government leaves it up to the employer. Rest breaks (under 20 minutes) are paid, and meal breaks (over 30 minutes) are unpaid. If a state has no laws regarding breaks, these federal standards automatically apply.
State break laws
It is up to the states to choose their own lunch and rest break laws. Some states default to the federal policy, while others have their own set of specific regulations to follow.
All meal and rest break laws only apply to non-exempt employees. For exempt employees receiving over $23,000 annually, breaks are at the employer’s discretion.
Find your state below and click on it to see its rest and lunch break rules:
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Alabama
Meal Break: None
Rest Break: None
Minor Break:14-15-year-old employees who work more than 5 continuous hours get a 30-minute break.
Alabama defaults to federal law regarding breaks for workers aged 16+. If an employer chooses to provide a break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Alaska
Meal Break: None
Rest Break: None
Minor Break: Minors ages 14-17 who work 5+ consecutive hours get a 30-minute break.
Alaska defaults to federal law regarding breaks for workers aged 18 and over. If an employer chooses to provide a break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Arizona
Meal Break: None
Rest Break: None
Minor Break: None
Arizona defaults to federal law regarding breaks for all workers. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Arkansas
Meal Break: None
Rest Break: None
Minor Break: None
Arkansas defaults to federal law regarding breaks for workers of all ages. If an employer chooses to provide a break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than this do not need to be paid as long as the employee is completely relieved of all duties.
The state does have a special lactation break law. Employers must provide reasonable unpaid break time to employees who are lactating. These breaks must be taken in a private place close to their work area (not a bathroom stall).
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California
Meal Break:
Employees get a 30-minute paid meal break during a shift that is longer than five consecutive hours. If the employee is relieved of regular work duties and can leave the premises during their break, the break goes unpaid. But if these requirements are not met, the break must be paid at the regular rate of pay.
An employee may also waive their lunch break upon mutual consent with management if a workday will be completed in six hours or fewer.
If a work shift is longer than 10 hours, a second 30-minute rest break must be provided. If a total of 12 hours or fewer are worked in a day, this second meal break may be waived, but only if the first meal period was not waived. Employees who work longer than 15 hours get an additional third 30-minute break. If they work longer than 20 hours, they get a fourth 30-minute break.
If an employer fails to provide an employee a meal break during a shift, they owe the employee one extra hour of pay at the employee’s regular rate.
Rest Break:
Employees get a 10-minute paid rest break every 4 hours. A 10-minute break is not required for work time totaling less than three and a half hours.
Employees working in extreme weather conditions must also be provided with a five-minute “recovery period” in a protected environment in addition to their meal and rest break.
For every day an employee is forced to work through one or more of their rest breaks, their employer must pay them one additional hour of wages at the regular rate.
Minor Break: N/A
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Colorado
Meal Break:30minutes for employees who work 5+ hours. If the break is “duty-free” it goes unpaid. However, if a “duty-free” meal is not possible, the employee may take an “on-duty” meal, in which case the employee must be paid.
Rest Break:10minutes paid per 4 hours worked only for employees in the retail, food and beverage, commercial support, health, and medical industries.
Minor Break: N/A
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Connecticut
Meal Break: 30 minutes for non-exempt employees who work at least 7.5 hours. Employers are exempt from this requirement only if:
Complying endangers public safety
The duties of the position can only be done by one employee
Fewer than five employees are working a shift in a particular location
Operations require employees to be available to respond to urgent conditions
Rest Break: None
Minor Break: N/A
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Delaware
Meal Break: Unpaid 30 minutes for employees 18+ who work at least 7.5 hours. Meal breaks must be given sometime after the first two hours of work and before the last two hours of work. Employers are exempt from this requirement only if:
Complying endangers public safety
The duties of the position can only be done by one employee
Fewer than five employees are working a shift in a particular location
Operations require employees to be available to respond to urgent conditions
There exists a collective bargaining agreement that provides otherwise
The employee is employed by a local school board to work directly with children
Rest Break: None
Minor Break: 30 minutes for employees under 18 for every 5 consecutive hours of work.
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Florida
Meal Break: None
Rest Break: None
Minor Break: 30 minutes for employees under 18 who work more than 4 hours.
Florida defaults to federal law regarding breaks for workers aged 18 and over. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Georgia
Meal Break: None
Rest Break: None
Minor Break: None
Georgia defaults to federal law regarding breaks for all workers. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Hawaii
Meal Break: None
Rest Break: None
Minor Break: 30 minutes for 14 and 15-year-old employees who work five consecutive hours
Hawaii defaults to federal law regarding breaks for workers aged 16 and over. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Idaho
Meal Break: None
Rest Break: None
Minor Break: None
Hawaii defaults to federal law regarding breaks for all workers. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Illinois
Meal Break: At least 20 minutes unpaid for employees who work 7.5+ continuous hours. Must be given no later than five hours after beginning work.
Rest Break: None
Minor Break: At least 30 minutes for employees under 16 who work 5+ hours.
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Indiana
Meal Break: None
Rest Break: None
Minor Break:1-2 breaks totaling 30 minutes for employees under 18 who work at least six consecutive hours.
Indiana defaults to federal law regarding breaks for workers aged 18+. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Iowa
Meal Break: None
Rest Break: None
Minor Break: At least 30 minutes for employees under the age of 16 who work 5+ consecutive hours.
Iowa defaults to federal law regarding breaks for workers aged 16 and over. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Kansas
Meal Break: None
Rest Break: None
Minor Break: None
Kansas defaults to federal law regarding breaks for all workers. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Kentucky
Meal Break: Reasonable unpaid break period (typically 20-30 minutes long) after the third and before the fifth hour of work for employees who work 5+ consecutive hours.
Rest Break: 10 minutes after every 4 hours of work.
Minor Break: N/A
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Louisiana
Meal Break: None
Rest Break: None
Minor Break: At least 30 minutes unpaid for employees under 18 who work five consecutive hours
Louisiana defaults to federal law regarding breaks for workers aged 18 and over. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Maine
Meal Break: None
Rest Break: At least 30 minutes unpaid for all employees who work 6+ hours, but only if there are three or more people on duty.
Minor Break: N/A
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Maryland
Meal Break: None for the majority of employees. However, under the Healthy Retail Employee Act, retail organizations with 50+ staff operating for 20+ calendar weeks must give employees a 30-minute meal break if they work a shift that is longer than six hours.
Rest Break: Under the Healthy Retail Employee Act, certain retail employees are entitled to 15-minute breaks when they work shifts that last 4-6 hours. Employees who work for 8+ hours receive an additional 15-minute break for every additional four hours worked.
Minor Break: 30 minutes for employees under 18 for every five consecutive hours of work.
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Massachusetts
Meal Break: 30 minutes unpaid for employees who work 6+ hours, excluding those in factory and mechanical establishments.
Rest Break: None
Minor Break: N/A
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Michigan
Meal Break: None
Rest Break: None
Minor Break: At least 30 minutes for employees under 18 if they work more than 5 consecutive hours.
Michigan defaults to federal law regarding breaks for workers aged 18 and over. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Minnesota
Meal Break: Sufficient unpaid time to eat a meal for employees who work 8+ hours. Must be paid if less than 20 minutes.
Rest Break: Sufficient time to use the restroom every 4 hours.
Minor Break: N/A
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Mississippi
Meal Break: None
Rest Break: None
Minor Break: None
Mississippi defaults to federal law regarding breaks for all workers. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Missouri
Meal Break: None
Rest Break: None
Minor Break: None
Missouri defaults to federal law regarding breaks for all workers. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Montana
Meal Break: None
Rest Break: None
Minor Break: None
Montana defaults to federal law regarding breaks for all workers. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Nebraska
Meal Break: None
Rest Break: At least 30 minutes per 8-hour shift for assembling plant, workshop, or mechanical establishment employees.
Minor Break: None
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Nevada
Meal Break: At least 30 minutes for employees working 8+ continuous hours.
Rest Break: At least 10 minutes paid every 4 hours. This break is not typically required if an employee’s total work time is less than three and a half hours.
Minor Break: N/A
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New Hampshire
Meal Break: 30 minutes for employees who work 5+ consecutive hours.
Rest Break: None
Minor Break: N/A
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New Jersey
Meal Break: None
Rest Break: None
Minor Break: At least 30 minutes for employees under 18 who work 5+ hours.
New Jersey defaults to federal law regarding breaks for workers aged 18 and over. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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New Mexico
Meal Break: None
Rest Break: None
Minor Break: None
New Mexico defaults to federal law regarding breaks for all workers. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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New York
Meal Break:30minutes for employees who work 6+ hours between 11 am and 2 pm. 45 minutes for employees midway through a 6+ hour shift that starts between 1 pm and 6 am. An additional 20 minutes between 5 pm and 7 pm for those working a shift starting before 11 am and continuing after 7 pm.
Different rules apply to factory workers. They get a 1-hour lunch period anywhere between 11 am and 2 pm for 6+ hour shifts or a 60-minute break midway through a shift of more than 6 hours that starts between 1 pm and 6 am.
Rest Break: 24 consecutive hours per week
Minor Break: N/A
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North Carolina
Meal Break: None
Rest Break: None
Minor Break: At least 30 minutes for employees under 16 who work 5+ hour shifts.
North Carolina defaults to federal law regarding breaks for workers aged 16+. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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North Dakota
Meal Break: 30 minutes unpaid for employees who work 5+ hours when two or more employees are on duty.
Rest Break: None
Minor Break: N/A
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Ohio
Meal Break: None
Rest Break: None
Minor Break: At least 30 minutes unpaid for employees under 18 working five consecutive hours or more.
Ohio defaults to federal law regarding breaks for workers aged 18+. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Oklahoma
Meal Break: None
Rest Break: None
Minor Break: At least 30 minutes for every 5 hours worked and 1 hour for every 8 hours worked for employees under 16.
Oklahoma defaults to federal law regarding breaks for workers aged 16 and over. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Oregon
Meal Break: At least 30 minutes, unpaid, uninterrupted, and relieved of all duties, must be provided per 6 hours worked. No meal break is required for shifts under 6 hours.
6-14 hours: 1 break
14-22 hours: 2 breaks
22-24 hours: 3 breaks
Rest Break: 10 minutes paid based on hours worked.
2-6 hours: 1 break
6-10 hours: 2 breaks
10-14 hours: 3 breaks
14-18 hours: 4 breaks
18-22 hours: 5 breaks
22-24 hours: 6 breaks
Minor Break: Workers under 18 receive the same meal breaks as adults; however, it is required that they get 15-minute rest breaks rather than 10-minute breaks.
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Pennsylvania
Meal Break: None
Rest Break: None
Minor Break: 30 minutes per 5 hours for workers under 18 years of age.
Pennsylvania defaults to federal law regarding breaks for workers aged 18 and over. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Rhode Island
Meal Break: 20 minutes for employees who work 6 hours and 30 minutes for employees who work 8+ hours. The break may be unpaid if the employee is relieved of all duties.
Rest Break: None
Minor Break: N/A
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South Carolina
Meal Break: None
Rest Break: None
Minor Break: None
South Carolina defaults to federal law regarding breaks for all workers. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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South Dakota
Meal Break: None
Rest Break: None
Minor Break: None
South Dakota defaults to federal law regarding breaks for all workers. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Tennessee
Meal Break: At least 30 minutes for employees who work 6+ hours
Rest Break: None
Minor Break: N/A
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Texas
Meal Break: None
Rest Break: None
Minor Break: None
Texas defaults to federal law regarding breaks for all workers. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Utah
Meal Break: None
Rest Break: None
Minor Break: At least 30 minutes for lunch no later than 5 hours into the workday for employees under 18. They must also be given a 10-minute rest break for every 4 hours worked and cannot work 3+ consecutive hours without a 10-minute break.
Utah defaults to federal law regarding breaks for workers aged 18 and over. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Vermont
Meal Break: Employees must have a “reasonable opportunity” to eat and use the restroom. This opportunity must be paid if it is less than 20 minutes.
Rest Break: None
Minor Break: N/A
Vermont has a special lactation break law requiring employers to provide reasonable break time throughout the day to employees who are lactating. It is left to the employer’s discretion whether these breaks are paid or unpaid unless denoted by a collective bargaining agreement.
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Virginia
Meal Break: None
Rest Break: None
Minor Break: At least 30 minutes for employees under 16 who work 5+ consecutive hours.
Virginia defaults to federal law regarding breaks for workers aged 16 and over. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Washington
Meal Break:30minutes for every 5 consecutive hours worked, given not less than 2 hours nor more than 5 hours from the beginning of a shift (excludes agricultural employees). 30 additional minutes for employees who work at least 3 hours past the time they normally end their shift. Unpaid if the employee is completely free of duties.
Rest Break: At least 10 minutes for every 4 hours worked.
Minor Break: 14 and 15-year-old employees must have a 30-minute meal break before working 4 consecutive hours. A 30-minute meal break is required for employees ages 16 and 17 no less than 2 hours but no more than 5 hours from the beginning of their shift.
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West Virginia
Meal Break: 20 minutes for employees who work 6+ hours.
Rest Break: None
Minor Break: At least 30 minutes if scheduled to work over 5 hours.
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Wisconsin
Meal Break: None
Rest Break: None
Minor Break: 30 minutes duty-free for employees under 18 working 6+ consecutive hours. 16 and 17-year-olds must have 8 hours of rest between shifts if scheduled after 8 pm.
Wisconsin defaults to federal law regarding breaks for workers aged 18+. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Wyoming
Meal Break: None
Rest Break: None
Minor Break: None
Wyoming defaults to federal law regarding breaks for all workers. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid, as long as the employee is completely relieved of all duties.
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Meal vs. rest breaks
The main difference between a meal and a rest break is often its length. The typical meal break is 20-30 minutes and must be taken around midday, while a rest break is usually anywhere between 10-15 minutes and occurs at regular intervals throughout a shift.
As with lunch breaks, no federal labor law requires short breaks at work. Only 11 states have local laws requiring employers to offer rest periods during work hours, and these short breaks almost always come in addition to a meal break. For instance, Colorado requires a 30-minute meal break for 5+ hour shifts and a 10-minute break for every four hours of work.
Sometimes, however, it’s all just semantics.
Take Maine, for example. The Pine Tree State is the only one of these 11 states that does not have a “meal break” per see, but it does have a rest break, requiring 30 minutes for work periods of over six hours. Technically, it’s not a meal break, just a rest break, but you and I both know it’s used for lunch.
Minors and break laws
State laws typically afford minors more break leniency than adult employees. While most state meal break rules for adults automatically cover minors, some states have specific standards for those under 18. Delaware, for example, gives adults a 30-minute break for seven and a half hours worked while giving those under 18 the same break time for only five hours worked.
Some states with no adult lunch or rest break rules have unique break laws for minors. For instance, Louisiana and Michigan require employers to give 30-minute breaks to employees under 18 for shifts longer than five consecutive hours. However, In Hawaii, this same rule applies only to 14 and 15-year-olds.
Managing rest and meal breaks
If your state has specific rest break requirements, it’s essential that management understands them and takes appropriate action to uphold them. This, of course, is sometimes easier said than done.
Without the right protocols and tools in place, tracking breaks can be tough, especially in complicated states like California, Oregon, and New York. Luckily, there are many ways to automate the workload.
An online employee scheduling and time tracking platform like Workforce.com handles all break and employment law compliance for you, meaning staff will never miss breaks, and your business will never be penalized. Here are a few specific ways the cloud-based system helps you plan lunch breaks and calculate compensation accurately:
Auto-schedule compliant breaks
Workforce.com’s scheduling allows managers to automatically apply compliant meal and rest breaks to employee schedules according to local state laws. Employees can easily view these breaks from their phones, knowing exactly when to work and rest.
Capture break clock-out data
Via a time clock app, staff can temporarily clock out for breaks, and then clock back in once their break is over. This granular time clock data helps managers easily pinpoint non-compliant break times on timesheets.
Utilize time clock questions
Managers can create conditional questions that appear whenever an employee clocks out of a shift. These questions may ask things like “Did you waive your break?” or “Did you take your break?” depending on the length of the shift. Answers will automatically add all necessary premiums and allowances to timesheets, ensuring employees are always paid accurately.
Track breaks in real-time
With a live time clock feed, managers can see who’s working, who’s not, and who’s on break – all in one place and in real-time. This frontline visibility helps managers respond more quickly to lunch break non-compliance.
Manage break rules across state lines
Workforce.com has robust team and location functionality, letting you set up multiple locations on the platform. Break rules at each location can be configured according to local state laws, ensuring chains stay organized no matter where they are in the country.
Support staff and protect your business with better breaks
There are two key things managers can do right now to ensure their business stays on the right side of the law. One is to understand and adhere to whatever legislation applies in your state. The other is to be clear about what breaks are allowed, encourage staff to use them, and ensure they are accurately recorded.
Doing all of this manually is a huge task and is prone to human error. Use employee scheduling software instead to automate how breaks are administered. Pair it with a time and attendance system to log hours and wages accurately so you’ll never have to search old time cards and spreadsheets for the needed data. Sound intriguing? Get in touch with us today, let’s talk about it.
But getting break times right doesn’t just reduce your risk exposure – it also makes for happier employees.
Shift workers deserve their breaks. Routinely taking time during a shift to eat, rest, and recharge always helps productivity and, most importantly, mental health.
SOURCE Workforce
Illinois
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