Calculate required meal and rest breaks based on shift length and state labor laws. Stay compliant with federal and state break requirements.
The federal FLSA does not require meal or rest breaks. However, many states do. If an employer provides short breaks (5-20 minutes), they must be paid. Meal breaks (30+ minutes) are generally unpaid if the employee is fully relieved.
Break time compliance is one of the most common sources of wage and hour violations. While federal law (FLSA) doesn't mandate breaks, most states have specific requirements that employers must follow or face significant penalties.
Short rest breaks (typically 5-20 minutes) are considered compensable work time under the FLSA and must be paid. Meal breaks of 30 minutes or more can be unpaid, but only if the employee is completely relieved of all duties during that time.
In California, for example, employers who fail to provide required breaks must pay one additional hour of pay at the employee's regular rate for each workday the break is missed. This can add up quickly across an entire crew.