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I can't work out what I should do next. I don't understand. You've reached the character limit. Thank you, your feedback has been submitted. In this section. Share on Twitter Share on Facebook Print this page. A few states allow employers to choose between giving a meal break or rest breaks, or require only that employers provide employees with enough break time to use the restroom.
You can find a list of state rest break laws at the Department of Labor's website. A number of states require employers to allow younger workers to take meal or rest breaks. In states that require breaks for adult workers, the rules for minors are sometimes stricter. For example, Delaware requires employers to provide a minute meal break to employees who work at least seven and a half hours; minors are entitled to a minute break once they work five hours.
Some states have special break rules for all minors employees who are not yet 18 years old , while others have special break rules only for minors who are 15 or younger. For information on your state's break rules for younger workers, contact your state labor department. If you aren't allowed to take legally required breaks, or you're required to work through your breaks without getting paid, contact your state labor department. To learn more about meal and rest break rules, and other laws that protect you in the workplace, get Your Rights in the Workplace , by Barbara Kate Repa Nolo.
The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Zero-hours contracts Zero-hours workers usually have the same rights to rest breaks as other employees.
Night workers There are different rules for night workers. Young workers There are different rules for rest breaks for unders. Jobs with different rules on rest breaks There are different rules for rest breaks for certain jobs. For example: lorry and coach drivers air, road and sea transport workers the armed forces and emergency services Find out more about jobs with different rules.
Print Download. Print close X. Download close X. Email address. Select the statement you most agree with:. I do not understand the information. Finally, if a person has graduated from high school or an equivalent, they are exempt from the minor break law provisions. However, ir does require a break for nursing mothers and an accommodation for religious beliefs.
Employers must provide nursing mothers with unpaid breaks to express breast milk. The employer must make reasonable accommodations to provide her with a room, which is not a toilet stall, to express milk in privacy. The break time can run concurrently with other breaks. If providing a nursing mother breaks would unduly disrupt the operations of the employer, then the employer is not required to provide the break.
Georgia requires that employers who work on Saturday or Sunday to make reasonable accommodations to the needs of their employees. Georgia Department of Labor. Photo by Michal Pechardo on Unsplash. The employer must provide a break each time the employee needs to express milk. Employers must also provide a private location that is not the restroom for the employee to express milk.
Employers must post notice of this law in a conspicuous place and use other means to inform employees of this right. Small employers, those with 20 or fewer employees, who can show an undue hardship and be exempt from the requirements of the law.
Hawaii Department of Labor and Industrial Relations. Idaho Department of Labor. Illinois has a meal break requirement and a day of rest requirement. Employees who work 7. The break cannot be given more than 5 hours after the start of the shift. Employers must provide employees a day of rest each week.
This is defined as 24 consecutive hours of rest in every calendar week. There are 5 exceptions to this requirement. These include part-time employees who work 20 hours or less a week. It also includes employees who are vitally needed.
Employees in agriculture, mining, or security are exceptions. Professional, Admin, and Executive employees are also excluded. Employers can also get permits from the Illinois Department of Labor allowing employees to voluntarily work 7 consecutive days.
Before employers can operate on Sunday, they must post, in a conspicuous place, a schedule listing the employees that are working on Sunday. This list must also designate the day of rest for each employee. Illinois Department of Labor.
Indiana does not require meal or rest breaks unless the employee is a minor. Employers must provide minors one or two rest periods that total 30 minutes. This is applicable when the minor works at least 6 consecutive hours. The required breaks can be taken any point during the shift. Employers must also maintain a record of all paid and unpaid breaks to minor employees. Indiana Department of Labor. The only exception is for minor employees.
Employees who are under 16 years of age must be given a minute break if they work 5 hours or more. Kansas Department of Labor. Kentucky has a meal break, rest break, and day of rest break requirement. This break can be no earlier than 3 hours from the beginning of the shift. In addition, employees must be provided with a minute rest break during every 4 hours of work. Lastly, employees must receive at least 1 day of rest during every calendar week.
Kentucky Department of Labor. Employees in Louisiana who are under the age of 18 must be given a minute meal break. This is applicable anytime the employee works 5 or more consecutive hours. The meal break can be unpaid. Louisiana Workforce Commission.
Maine required both Meal and Rest Breaks What are meal and rest breaks? Employees who work 6 or more consecutive hours must be allowed to take a minute consecutive break. If the employee is completely relieved of duties, then the rest time can be taken as unpaid time. Employers who have 3 or fewer employees on duty at a time are not required to provide this rest period. However, they must allow more frequent shorter breaks for these employees.
Another exception is when the employee fits into certain categories. It also includes certain agricultural employees and taxi cab drivers.
Lastly, it includes commission employees whose hours and places of employment are not substantially controlled by the employer. Maine Department of Labor. First, minors must receive a minute break for every 5 hours worked.
Second, the Healthy Retail Employee Act requires that retail employees have a non-working shift break. This includes a minute non-working break when the employee works consecutive hours.
If the employee works more than 6 consecutive hours, then they are entitled to a minute break. Maryland Department of Labor, Licensing and Regulation.
In Massachusetts, most employees must be given a minute break after 6 hours of work. Futhermore, most employees must be given a day of rest after working 6 consecutive days. The day of rest is defined as 24 hours of rest and must include the interval from am to pm. Massachusetts Department of Labor and Workforce Development.
Domestic workers have separate break entitlements. These are contained in the Domestic Worker Bill of Rights. Employers who employ a domestic worker for 40 or more hours a week must provide a rest period of at least 24 consecutive hours each calendar week. They must also provide at least 48 consecutive hours during each calendar month.
If possible, that time must allow for religious worship. The domestic worker can voluntarily agree to work on a day of rest. However, this agreement must be in writing. The domestic worker must also be paid an overtime rate for all hours worked on that day. When a domestic worker does not live on premises and works for less than 24 consecutive hours, then the employer must pay the domestic worker for all hours on the premises.
It also includes any time before or after the normal shift needed to complete work. In addition, that time must include meals, breaks, and sleeping periods unless the worker is free to leave the employers premises. If the domestic worker is free to leave and to pursue personal activities and is relieved of all work activities, then that time does not have to be paid. When domestic workers are required to be on duty for 24 consecutive hours or more, then the employer and worker must agree to exclude a regularly scheduled sleeping schedule of no more than 8 hours from every 24 hours period.
In addition, all breaks, rests, meal periods, and sleeping periods constitute working periods. Employers who employ a domestic worker for at least 16 hours or more a week must provide employees with information regarding Meal and Rest Breaks What are meal and rest breaks?
This includes information about working hours, meal breaks, and time off. It also includes the provisions for the days of rest, sick days, vacation days, personal days, and holidays. In addition, it must include information about transportation, health insurance, severance, and yearly raises. Lastly, it must include information about whether or not these benefits are paid or reimbursed.
Domestic Workers Bill of Rights. Michigan requires that minor employees be given at least 30 consecutive minutes or more for every 5 hours worked. There are no other meal or rest break requirements in Michigan.
Michigan Department of Licensing and Regulatory Affairs. Employees in Minnesota must be given a sufficient break to eat a meal. If the break is less than 20 minutes, then the break must be paid. Employers must provide nursing mothers with an unpaid break each day to express milk for an infant child.
The break can run concurrently with any other breaks the employer provides. Employers must also make reasonable efforts to provide a room or location that is free of a toilet for the employee to express milk.
The location should be in close proximity to work and be private. It must also include access to an electrical outlet. Employees must be given access to a restroom break every 4 hours worked. Minnesota Department of Labor and Industry. Mississippi Department of Health. Missouri Department of Labor and Industrial Relations. Montana has few requirements around meal or break laws. Rest breaks are not required in Montana. However, if the employer provides rest breaks, then that time must be counted as time worked.
Meal breaks must also be counted as time worked. The only exception to this is if the meal break is at least 30 minutes long and if the employee is relieved of all work duties. Montana Department of Labor and Industry. The State of Nebraska does not require any specific meal or rest breaks. Nebraska Department of Labor. New Mexico does not require any specific breaks, but does requires that any breaks that are less than 30 minutes be paid. New Mexico Department of Workforce Solutions.
New Jersey employment law requires that minors must have at least 30 minutes of break time if they work more than 5 continuous hours. Nursing mothers must be provided with reasonable breaks and a room to express breast milk.
The location cannot be a toilet stall. In New Hampshire, employers must provide a minute meal break to all employees who work 5 hours or more. If a New Hampshire employee works on Sunday, then the employer must give the employee a hour rest during the following 6 days. In addition, employers who operate on Sundays must post a list of the employees required to work on Sundays and when their alternative day of rest break is during the week.
The employer must post the list in the workplace and file it with the New Hampshire Labor Commissioner. There are some employees who are exempt from these break requirements.
This includes:. New Hampshire Department of Labor. Nevada requires breaks for meals, rest, nursing mothers, and domestic workers. Employers must provide employees with at least a minute meal break for every 8 hours of continuous work. In addition, employees get a minute rest break for every 4 hours worked in a day.
Photo by Evan Fitzer on Unsplash. However, there are a few exceptions to Meal and Rest Breaks What are meal and rest breaks? For example, if only one employee is at a specific place of employment, then the employer is not obligated to provide a break.
In addition, any employees covered by a collective bargaining agreement fall outside these requirements. Lastly, if the employee has applied and received an exemption from the Nevada Labor Commissioner based on necessity, then the employer is not obligated. Nursing mother break laws apply to mothers who have a child under the age of 1 year at home.
These employees must have a reasonable break time to express milk. This break can be paid or unpaid. Employers must provide nursing mothers with a place that is not a bathroom.
The location must be free from dirt and pollution, protected from the view of others, and free from intrusion. However, if an employer determines that these provisions would cause an undue hardship, then the employer and employee can meet and agree upon a reasonable alternative. When a domestic worker resides in the household of the employer, then the employee and the employer can agree in writing to exclude certain breaks from the wages of the employee.
These breaks include the following provisions:. If an unpaid break is interrupted by the employer, then the interruptions must be counted as hours worked. The employer and employee may agree in writing to have the sleep period excluded. Plus, the employer must provide adequate sleeping facilities. In addition, any interruptions of the sleep period must count as paid working hours.
If the interruption causes the sleep break to be less than 5 hours, then the entire sleep period must be paid by the employer.
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