Types of breaks at work

There are different types of breaks employees may be entitled to take, either under state laws or company policies. These are some examples of the various types of breaks:

• Meal or rest breaks: A meal break typically provides 30 minutes for employees to eat. Rest breaks are generally shorter, commonly giving employees 5-20 minutes before they’re expected to return to work.
• Paid vs. unpaid breaks: When breaks are required, whether they are paid can depend on the type and length of the break. Short rest breaks are often treated as paid time, while longer meal periods are often unpaid if employees are fully relieved of duties.
• Breaks for nursing mothers: The Affordable Care Act includes provisions that may entitle nursing employees to reasonable break time and a private space to express breast milk for up to one year after childbirth, and some states offer additional protections.

State laws around meal and rest breaks

Certain states have laws regulating employee breaks, which can vary based on factors such as the number of hours worked in a day, the time a shift begins and whether the employee is classified as exempt or non-exempt under wage and hour laws. Employers should familiarize themselves with the laws that apply in the jurisdictions where their employees work.

Some states require a 30-minute meal break after a set number of hours, but the threshold varies by state. When developing break policies, employers may want to review current state rules around meal breaks and official resources such as the U.S. Department of Labor.

Several states have state break rules, though the details and coverage vary by jurisdiction.

When state laws require breaks, employers often schedule them near the midpoint of a shift when practicable. Such practices can support employee well-being and productivity. Specific rules on paid rest breaks vary by jurisdiction.

In jurisdictions with mandated breaks, employers may want to discourage employees from working through breaks, since doing so could increase the chance of disputes over pay or compliance.

Implementing meal and break policies

When implementing company meal and break policies at your workplace, consider reviewing your state’s legal requirements. Even where no legal mandates exist, a clear written policy can help set expectations about break timing and duration.

For example, a common approach for an eight-hour shift is a 30-minute unpaid lunch plus two 15-minute paid breaks. Other options include a 20-minute morning rest break and a one-hour lunch break later in the day.

For shorter shifts, employers may offer paid rest breaks or, where permitted, a bona fide unpaid meal period if the employee is fully relieved of duties.

If a break stems only from company policy in a state without statutory requirements, an occasional missed break may be less problematic. Where rules do exist, employers may wish to encourage compliance and address recurring missed breaks.

“If your state requires meal and break periods, ensure you track them properly. A clear policy and accurate recordkeeping can help reduce the risk of payroll disputes.”

—Daniel Smith, J.D.