Generally, federal law does not require employers to give meal and rest breaks, but many states’ labor laws do.
Federal labor law under the Fair Labor Standards Act (FLSA) does not require employers to provide rest or meal breaks to employees. But employers who choose, of their own accord or under a union contract, to provide rest or meal breaks are subject to certain requirements under the FLSA. When rest breaks are offered, employers are required by the FLSA to count rest breaks as paid time. But when meal breaks are offered, employers can treat them as unpaid time. That said, employers who provide meal breaks must generally give employees at least 30 minutes to eat, according to U.S. Department of Labor regulations.
The Department of Labor also says that if an employer promises to provide meal and rest breaks — whether that promise is in an employee handbook or collective bargaining agreement — “coffee breaks or time for snacks” must be treated as a paid rest break, not an unpaid meal break.
Although federal labor law only regulates meal and rest breaks if an employer offers them, state law is often more pro-worker. For example, California rest and meal break laws are liberally construed in favor of employees, and require that employers give frequent breaks.
An employment-law litigator with over 20 years’ experience, Steven Tindall is well-acquainted with navigating the ins-and-outs of independent-contractor misclassification lawsuits. His largest recovery in a single employment case is $29 million.
Prior to joining us at Gibbs Law Group LLP, Linda Lam worked at a national employment law firm, where she represented workers in lawsuits to recover unpaid wages and benefits.
Steve has prosecuted a variety of complex employment cases involving misclassification of independent contractors. He is fluent in English and Spanish.
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