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Employment laws

Workers need some rest. How much and when depends mostly on the discretion of the employer, but there are some legal protections.

Breaks

Some employees (especially those who work long shifts) are given breaks by their employers. The length and timing of those breaks is usually decided by the employers, subject to certain labor law restrictions.

Meal breaks and rest breaks

There is no federal law that gives you meal or rest breaks. However, your state might have a labor law that gives you time off for meals (like a lunch break) or for a rest break (perhaps a mid-afternoon break). Such a law might entitle you to, for example, a 30-minute meal break for every 5 hours you work and a 10-minute break for every four hours you work.

If you belong to a labor law union, your union contract probably provides for breaks.

Does my employer have to pay me during breaks?

Whether or not you receive pay during breaks depends on your state labor law.

Generally, if your break is less than 20 minutes of uninterrupted time when you can do almost anything you want, you could be paid for that time, but if your break is longer than 20 minutes and you can use the time for your own benefit, you might not have the right to be paid for that time. If you have further questions, consult with a labor law attorney in your area.