加州雇主血泪教训：HR 必看 2025 最新 Meal & Rest Break 合规指南加州的餐休法律极为严格，一次违规可能触发三重惩罚：罚金工资、工资单违规与等待时间罚金。根据第226.7条，只要未能提供合规的餐休或休息，雇主就必须支付一小时罚金工资。而法院已明确此类罚金属于工资，因此若工资单未列出，将触发第226条的工资单责任；若员工离职未结清，则触发第203条的等待时间罚金。Ferra 案裁定，罚金工资的“常规薪酬率”必须依照加班费标准计算，包括奖金、佣金与差额补贴，并具有追溯效力。
一个价值1.72亿美元的教训
在*Savaglio v. Wal-Mart Stores, Inc.*案中，沃尔玛因餐休违规问题面临了高达1.72亿美元的惊人判决，该案影响了近116,000名员工。这并非个案。许多用心良苦的雇主，由于对加州复杂且严格的餐休和休息法律存在误解，常常在不知不觉中陷入代价高昂的法律陷阱。一次看似微不足道的时间记录错误，可能会像滚雪球一样，演变成一场财务灾难。本文旨在揭示加州餐休法律中最具冲击力且最易被误解的关键点，帮助每一位人力资源专业人士避免类似的灾难性后果。
1. 陷阱一：一次违规，连锁反应引发三重惩罚
在加州，一次未提供的餐休不仅仅是一次性的罚金问题，它会像多米诺骨牌一样，引发一系列连锁的法律责任。
初始罚金 (Initial Penalty): 根据《加州劳动法》第226.7条，最基本的处罚是罚金工资 (premium pay)。如果雇主未能提供合规的餐休，则必须为该工作日支付员工额外一小时的工资。同样，如果未能提供合规的工间休息，也需支付额外一小时的工资。每天的罚金工资上限为两小时。
工资定性引发的连锁诉讼 (Chain Litigation Triggered by Wage Classification): 加州法院明确裁定，这种罚金工资被视为工资 (wages)，而非罚款 (penalty)。这一法律定性是关键，因为它会触发至少另外两项重大的法律风险：
工资单违规 (Inaccurate Wage Statements): 由于罚金工资是工资的一部分，若未能将其清晰地列在员工的工资单上，就构成了对《劳动法》第226条的违反，这将导致另一套独立的罚款。
等待时间罚金 (Waiting Time Penalties): 如果员工离职，任何未支付的罚金工资都将被视为未结清的工资。根据《劳动法》第203条，雇主若故意不在员工离职时结清所有应付工资，将面临最高长达30天工资的“等待时间罚金”。
PAGA诉讼的“核”威胁 (The "Nuclear" Threat of PAGA Lawsuits): 《私人总检察长法案》（PAGA）允许任何一名“受害”员工代表州政府，为所有其他受影响的员工提起诉讼。由于餐休违规问题往往是系统性的，而非孤立事件，它们成为了PAGA诉讼的重灾区。这意味着，一个原本看似微小的问题，可能会迅速演变成一场波及全公司、索赔金额高达数百万美元的集体诉讼。
2. 陷阱二：“加班费率”才是罚金的真正计算标准
许多雇主在计算餐休罚金工资时会犯一个常见且代价高昂的错误：他们错误地认为罚金工资仅按员工的基本时薪计算。
加州最高法院在Ferra v. Loews Hollywood Hotel, LLC一案中的裁决彻底颠覆了这一观念。法院明确指出，用于计算罚金工资的“常规薪酬率”（regular rate of compensation）与用于计算加班费的“常规薪酬率”（regular rate of pay）是同义的。
这意味着，在计算罚金时，必须包含以下所有非酌情性报酬：
基本时薪 (Hourly wages)
非酌情奖金 (Non-discretionary bonuses)
佣金 (Commissions)
计件工资 (Piece-rate pay)
轮班补助 (Shift differential pay)
最关键的一点是，正如 Ferra 案裁决所强调的，这一规定具有追溯效力：
It is important for employers to note that this definition of “regular rate of compensation” and this decision apply retroactively.
这意味着，所有HR专业人士必须立即采取行动：审查公司过去支付的所有餐休罚金，并调整薪酬系统，确保未来的计算完全符合Ferra案的规定，以避免进一步的法律风险。
3. 陷阱三：仅仅“提供”休息是不够的
在Brinker Restaurant Corp. v. Superior Court一案中，加州最高法院澄清，雇主的责任不是强迫员工去休息。然而，这绝不意味着雇主可以采取消极被动的态度。雇主必须主动创造一个让员工能够不受打扰地享受休息的条件。
雇主的法律义务包括：
必须完全解除员工的所有工作职责 (Must relieve employees of all duty)。
必须放弃对员工活动的控制 (Must relinquish control over their activities)。
必须允许员工有合理的机会享受不受打扰的30分钟休息时间 (Must permit them a reasonable opportunity to take an uninterrupted 30-minute break)。
不得以任何方式阻碍或不鼓励员工休息 (Must not impede or discourage employees from taking their meal period)。
以下是一些雇主可能非法“阻碍或不鼓励”员工休息的具体例子：
人员配备不足 (Understaffing): 导致员工实际上无法离开自己的岗位。
工作量过大 (Excessive Workload): 安排的工作任务过多，使得员工没有时间休息。
企业文化压力 (Cultural Pressure): 营造一种“拼命三郎”的文化氛围，将不休息视为对公司的奉献，从而给选择休息的员工施加无形压力。
4. 陷阱四：休息豁免协议并非“万能挡箭牌”
虽然法律允许员工在特定情况下放弃餐休，但这些豁免协议的适用范围非常狭窄，且常常被误用。
只有在以下两种情况下，雇主和员工才能通过双方自愿同意，合法地豁免餐休：
如果每日总工时不超过6小时，可以豁免第一次餐休。
如果每日总工时不超过12小时，且第一次餐休没有被豁免，可以豁免第二次餐休。
雇主必须确保这些豁免协议是员工在没有任何压力的情况下自愿签署的。
对于“在岗”餐休（on-duty meal periods）的要求则更为严格，必须同时满足两个条件：
工作的性质确实使员工无法完全脱离所有职责。这是一个客观标准，不能由雇主主观决定。
雇主和雇员之间必须有书面协议，并且协议中必须声明雇员可以随时以书面形式撤销该协议。
在现实中，我们看到一些行业（如医院）形成了放弃第二次餐休的“文化惯例”，以便员工能早些下班。然而，当这种做法演变成一种默认的期望或事实上的要求时，就产生了巨大的法律风险。这种无形的文化压力可能导致豁免协议的“自愿”性质受到质疑，从而使整个豁免安排变得非法。
化被动为主动，拆除合规“定时炸弹”
如我们所见，一个简单的时间记录失误完全有可能演变成一场涉及多重罚款和PAGA集体诉讼的重大财务危机。与其被动地等待诉讼上门，不如主动采取措施，建立一个坚不可摧的合规体系。
以下是HR专业人士应立即采取的主动合规策略：
制定清晰的书面政策： 明确规定公司的餐休和休息政策，确保所有员工和管理人员都理解其内容。
采用精准的计时系统： 使用自动化工具准确记录休息时间的开始和结束。禁止四舍五入或自动扣除休息时间等不准确的做法。
强化经理责任： 培训管理人员，让他们明白其职责不仅是安排休息，更是要确保员工能够不受阻碍地享受合规的休息。
定期进行内部审计： 定期审查休息记录和罚金支付计算，特别要确保罚金工资的计算方法符合Ferra案规定的“常规薪酬率”标准。
请记住，当诉讼发生时，您的计时记录会是您最有力的辩护，还是最致命的负债？
----
本文内容基于公开资料、加州劳动法（California Labor Code）、IWC Wage Orders 与 DLSE 指南进行整理，仅供一般性信息参考，不构成法律建议。具体用工情形因职位、行业、合同条款与实际操作差异而不同。如您的企业面临潜在餐休违规风险、用工纠纷、PAGA 暴露或其他劳动法相关问题，建议咨询具有加州劳动法执照的专业律师，以获取针对性的法律意见与最新适用法规。
meal break
2025年11月28日
meal break
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.
Back to top
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.
Back to top
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.
Back to top
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).
Back to top
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
Back to top
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
Back to top
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
Back to top
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.
Back to top
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.
Back to top
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.
Back to top
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.
Back to top
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.
Back to top
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.
Back to top
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.
Back to top
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.
Back to top
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.
Back to top
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
Back to top
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.
Back to top
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
Back to top
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.
Back to top
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
Back to top
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.
Back to top
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
Back to top
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.
Back to top
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.
Back to top
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.
Back to top
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
Back to top
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
Back to top
New Hampshire
Meal Break: 30 minutes for employees who work 5+ consecutive hours.
Rest Break: None
Minor Break: N/A
Back to top
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.
Back to top
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.
Back to top
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
Back to top
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.
Back to top
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
Back to top
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.
Back to top
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.
Back to top
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.
Back to top
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.
Back to top
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
Back to top
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.
Back to top
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.
Back to top
Tennessee
Meal Break: At least 30 minutes for employees who work 6+ hours
Rest Break: None
Minor Break: N/A
Back to top
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.
Back to top
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.
Back to top
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.
Back to top
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.
Back to top
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.
Back to top
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.
Back to top
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.
Back to top
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.
Back to top
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
meal break
meal break
扫一扫
添加客服
