Federal regulations do not require employers to provide breaks or meals to employees. However, when an employer does allow breaks and meal times, federal requirements mandate how they are paid. Federal labor laws such as the Fair Labor Standards Act make the distinction between what constitutes a rest period, meal time, waiting time and on-call time. These distinctions determine how an employee receives compensation for time worked.
Rest periods are breaks of a short duration and generally promote employee efficiency. According to the U.S. Department of Labor, a rest period is typically between 5 to 20 minutes. If an employer offers a rest period, the employee must receive compensation for the time. Unauthorized rest periods or extended breaks beyond the time allotted do not have to be compensated by the employer. For example, if an employee takes a scheduled 15-minute break but does not return from break for 30 minutes, the employer may reduce the worker's pay for the 15-minute extension.
Meal periods are usually 30 minutes or more. According to the Department of Labor, an employer does not have to compensate an employee for a meal period of 30 minutes or longer. During this time, however, the employee must be completely relieved of duty. Also, federal regulations require the employer to compensate the employee if he performs work duties during a designated meal period. For example, if an employee begins his meal time but receives an urgent call from a customer that requires immediate attention, this is considered working time and the employer must pay for that time.
Break and meal regulations under the The Fair Labor Standards Act generally apply to non-exempt employees. A non-exempt employee receives an hourly wage and is entitled to overtime pay. Exempt employees have specific job classifications and usually receive a salary. Fair labor standards usually do not apply to exempt workers. However, these employees must adhere to employer-mandated break and meal schedules.
Employers must comply with federal regulations regarding breaks and accommodations for disabled individuals, as well as nursing mothers. Equal employment laws like the Americans With Disabilities Act require employers to provide reasonable accommodations for workers with disabilities. Accommodations include modified work assignments, physical alterations of work space, and in some cases, a longer break period. Nursing mothers also receive accommodations for break time to express breast milk. The Fair Labor Standards Act requires employers to provide nursing mothers with a private location away from the bathroom to express milk for her child. The act also allows nursing mothers as many breaks as necessary to express breast milk.
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