Federal law does not require employers to give meal or rest breaks to adult workers, but many states do. If your employer offers short breaks, they are generally paid.
The federal rule
Under federal law, short breaks of about 5 to 20 minutes are usually treated as paid working time. Meal periods of 30 minutes or more can be unpaid if you are fully relieved of duty. Employers need not provide breaks at all unless state or other law requires it.
State rules
A number of states require meal periods after a certain number of hours, and some require paid rest breaks. Rules often differ for minors, who may have additional break requirements. Look up your state labor department's requirements.
Common issues
- Working through lunch without being paid.
- Being interrupted during an unpaid meal break.
- Being denied bathroom breaks.
- Automatic meal deductions when you did work.
What to do
- Keep a record of the breaks you were denied or the time you worked.
- Raise the issue with your supervisor or HR in writing.
- File a wage claim with your state labor agency.
- Consider legal advice if a pattern exists, since some states provide premium pay for missed breaks.
Frequently asked questions
Do I have a right to a smoke break?
No. Employers are not required to provide breaks for smoking.
Can I be required to eat at my desk?
If you must remain on duty, the time is generally paid.