A number of states require employers to allow younger workers to take meal or rest breaks. In states that require breaks for adult workers, the rules for minors are sometimes stricter. For example, Delaware requires employers to provide a minute meal break to employees who work at least seven and a half hours; minors are entitled to a minute break once they work five hours. Some states have special break rules for all minors employees who are not yet 18 years old , while others have special break rules only for minors who are 15 or younger.
For information on your state's break rules for younger workers, contact your state labor department. If you aren't allowed to take legally required breaks, or you're required to work through your breaks without getting paid, contact your state labor department. To learn more about meal and rest break rules, and other laws that protect you in the workplace, get Your Rights in the Workplace , by Barbara Kate Repa Nolo.
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Grow Your Legal Practice. Meet the Editors. Applicable to every employer, except in workplace environments that by their nature of business provide ample opportunity to take an appropriate meal break.
An employer may waive the right to a thirty-minute unpaid meal break pursuant to the voluntary written request of an employee who is principally employed in the service of food or beverages to customers and who, in the course of such employment, receives tips and reports the tips to the employer.
Employees are to be given "reasonable opportunities" during work periods to eat and use toilet facilities in order to protect the health and hygiene of the employee. Counted as worktime if employee is required to remain on duty on premises or at a prescribed worksite. Excludes newspaper vendor or carrier, domestic or casual labor around private residence, sheltered workshop, and agricultural labor.
Rules for construction trade employees may be superseded by a collective bargaining agreement covering such employees if the terms of the agreement specifically require meal periods and prescribe requirements concerning them. Applicable to every employer. Not considered time worked unless nature of work prevents relief from duty.
Excludes agriculture where fewer than 10 are employed, domestic employment, and fishing industry, among others. An employer may not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period, except that if the total hours worked is no more than 12 hours, the second meal period may be waived if the first meal period was not waived.
Excludes, among others, administrators, executives, professionals, travel agents, labor union officials or organizers, certain drivers, domestic service employees, public sector employment, and certain employees covered by collective bargaining agreements. In Washington State, although agricultural labor is excluded from the listed requirement of general application, a separate regulation requires a minute meal period after 5 hours in agriculture and an additional 30 minutes for employees working 11 or more hours in a day.
In addition to the listed States with mandatory Standards, other provisions appear in two States: New Mexico. Of the 21 States or other jurisdictions with meal period requirements, 7 States also have rest periods requirements California, Colorado, Kentucky, Minnesota, Nevada, Oregon, and Washington. Department of Labor. The Wage and Hour Division tries to ensure that the information on this page is accurate but individuals should consult the relevant state labor office for official information.
January 1, Historical Tables Select a State:. Excludes employees whose meal periods are established by collective bargaining.
Applies to retail establishments. I am changing from the 3pm to 11pm shift to the 7am to 3pm shift the next day. Weekly rest adults I am starting a new job and they want me to work 6 days a week. I have to work nearly 2 weeks before I get a day off. Working week adults I need some extra money and overtime is on offer. How many hours can I work?
I signed an opt out so that I could work more than 48 hours a week. What can I do? You can opt back into the maximum working week by giving your employer notice. Young Workers My child is Are their rights any different? A young worker should not work more than 8 hours a day or 40 hours a week.
They should also have at least 12 hours rest a day and a rest break of at least 30 minutes. Holidays How much holiday should I get? Claims If you are not given the right amount of rest, you should talk to your employer, explaining what your rights are. Contact us With an honest and ethical approach to law, at Truth Legal you will have access to our specialist team of lawyers to help you with all your employment law matters. Share This Story!
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You can change your cookie settings at any time but if you do, you may lose some functionality on our website. More information can be found in our Privacy Policy and Cookie Policy. However, this agreement must be in writing. The domestic worker must also be paid an overtime rate for all hours worked on that day. When a domestic worker does not live on premises and works for less than 24 consecutive hours, then the employer must pay the domestic worker for all hours on the premises.
It also includes any time before or after the normal shift needed to complete work. In addition, that time must include meals, breaks, and sleeping periods unless the worker is free to leave the employers premises. If the domestic worker is free to leave and to pursue personal activities and is relieved of all work activities, then that time does not have to be paid. When domestic workers are required to be on duty for 24 consecutive hours or more, then the employer and worker must agree to exclude a regularly scheduled sleeping schedule of no more than 8 hours from every 24 hours period.
In addition, all breaks, rests, meal periods, and sleeping periods constitute working periods. Employers who employ a domestic worker for at least 16 hours or more a week must provide employees with information regarding Meal and Rest Breaks What are meal and rest breaks? This includes information about working hours, meal breaks, and time off. It also includes the provisions for the days of rest, sick days, vacation days, personal days, and holidays.
In addition, it must include information about transportation, health insurance, severance, and yearly raises. Lastly, it must include information about whether or not these benefits are paid or reimbursed. Domestic Workers Bill of Rights. Michigan requires that minor employees be given at least 30 consecutive minutes or more for every 5 hours worked. There are no other meal or rest break requirements in Michigan.
Michigan Department of Licensing and Regulatory Affairs. Employees in Minnesota must be given a sufficient break to eat a meal. If the break is less than 20 minutes, then the break must be paid. Employers must provide nursing mothers with an unpaid break each day to express milk for an infant child. The break can run concurrently with any other breaks the employer provides. Employers must also make reasonable efforts to provide a room or location that is free of a toilet for the employee to express milk.
The location should be in close proximity to work and be private. It must also include access to an electrical outlet. Employees must be given access to a restroom break every 4 hours worked. Minnesota Department of Labor and Industry. Mississippi Department of Health. Missouri Department of Labor and Industrial Relations. Montana has few requirements around meal or break laws.
Rest breaks are not required in Montana. However, if the employer provides rest breaks, then that time must be counted as time worked. Meal breaks must also be counted as time worked. The only exception to this is if the meal break is at least 30 minutes long and if the employee is relieved of all work duties. Montana Department of Labor and Industry. The State of Nebraska does not require any specific meal or rest breaks. Nebraska Department of Labor.
New Mexico does not require any specific breaks, but does requires that any breaks that are less than 30 minutes be paid. New Mexico Department of Workforce Solutions. New Jersey employment law requires that minors must have at least 30 minutes of break time if they work more than 5 continuous hours. Nursing mothers must be provided with reasonable breaks and a room to express breast milk.
The location cannot be a toilet stall. In New Hampshire, employers must provide a minute meal break to all employees who work 5 hours or more.
If a New Hampshire employee works on Sunday, then the employer must give the employee a hour rest during the following 6 days. In addition, employers who operate on Sundays must post a list of the employees required to work on Sundays and when their alternative day of rest break is during the week.
The employer must post the list in the workplace and file it with the New Hampshire Labor Commissioner. There are some employees who are exempt from these break requirements. This includes:.
New Hampshire Department of Labor. Nevada requires breaks for meals, rest, nursing mothers, and domestic workers. Employers must provide employees with at least a minute meal break for every 8 hours of continuous work.
In addition, employees get a minute rest break for every 4 hours worked in a day. Photo by Evan Fitzer on Unsplash. However, there are a few exceptions to Meal and Rest Breaks What are meal and rest breaks? For example, if only one employee is at a specific place of employment, then the employer is not obligated to provide a break. In addition, any employees covered by a collective bargaining agreement fall outside these requirements.
Lastly, if the employee has applied and received an exemption from the Nevada Labor Commissioner based on necessity, then the employer is not obligated. Nursing mother break laws apply to mothers who have a child under the age of 1 year at home.
These employees must have a reasonable break time to express milk. This break can be paid or unpaid. Employers must provide nursing mothers with a place that is not a bathroom. The location must be free from dirt and pollution, protected from the view of others, and free from intrusion. However, if an employer determines that these provisions would cause an undue hardship, then the employer and employee can meet and agree upon a reasonable alternative.
When a domestic worker resides in the household of the employer, then the employee and the employer can agree in writing to exclude certain breaks from the wages of the employee. These breaks include the following provisions:. If an unpaid break is interrupted by the employer, then the interruptions must be counted as hours worked. The employer and employee may agree in writing to have the sleep period excluded. Plus, the employer must provide adequate sleeping facilities.
In addition, any interruptions of the sleep period must count as paid working hours. If the interruption causes the sleep break to be less than 5 hours, then the entire sleep period must be paid by the employer. Domestic workers who work 40 or more hours a week earn a break of 24 consecutive hours per calendar week. Additionally, they get a 48 consecutive hour rest every calendar month. Nevada Office of the Labor Commissioner. New York has several break laws including meal break laws, breaks for home health attendants, breastfeeding breaks and day of rest breaks.
Workers on the set of a music video in New York, New York. Photo by Gordon Cowie on Unsplash. Employees who work during the lunch period must be allowed at least 30 minutes off for a meal break. Those who start work before am and work until after pm must be allowed a second meal break of at least 20 minutes. In addition, employees who work at least 6 hours between the hours of pm and pm must be allowed a meal break of at least 45 minutes.
This break should be between the beginning and the end of the shift. However, in a situation where only one employee is on the job or in a specific occupation, the employee may volunteer to work without a break.
The employer must be allow the employee to eat on the job. If the employee requests a meal break, the employer is obligated. Plus, in certain situations, the New York Department of Labor may permit shorter breaks. This will be in writing and must be posted at the main entrance of the workplace. The rules for New York home health care attendants is not a law, but an opinion has been issued by the New York State appeals court.
In NY, home health care attendants who work at a residence in a hour shift, but does not reside there must be paid for all 24 hours. This includes any time awarded to the attendant for rest, meal or sleep breaks. In contrast, state minimum wage law does not require home health care workers, who are working hour shifts, to be paid minimum wage for rest and meal breaks.
Rest breaks in New York State are not required. However, if the break is shorter than 20 minutes, then it must be a paid break and counted as work time. Employers must allow employees reasonable break time to express breast milk. This break applies for the first 3 years after a child is born. Breaks can be rest or meal breaks and can be paid or unpaid breaks.
Further, employees must be provided with a separate private room to express milk. The room must be in close proximity to the work area. New York requires a day of rest each calendar week for employees working in certain industries. The day of rest must be at least 24 hours. This applies to employees that work in factories, mercantile establishments, hotels, restaurants, and office and apartment buildings.
New York Department of Labor. North Carolina requires that employees under the age of 16 be given at least a minute rest break after 5 hours of work. There are no other required rest or meal breaks in North Carolina. North Carolina Department of Labor. North Dakota requires all employees who work 5 hours to be provided with a minute meal break. This applies anytime there are 2 or more employees on duty.
If the employee is completely relieved of work duties, then the break can be unpaid. The employment law that requires a day of rest applies to businesses that sell merchandise at retail locations. The employer cannot require an employee to work 7 consecutive days. In each 7 consecutive days, the employer must provide employees with at least 24 hours of rest. The time off is in addition to other regular periods of rest allowed during each day worked. Unless it would cause a hardship for the employer, the employer must accommodate the religious beliefs and practices of the employees.
Employers must give minor employees a minute break for every 5 consecutive hours worked. This break may be unpaid. Ohio does not have any additional rest or meal break laws. Ohio Department of Commerce. Oklahoma employers must give minors who are under the age of 16 a minute break for every 5 consecutive hours of work.
In addition, employers must give employees one full hour of rest for every 8 consecutive hours of work. However, there are no other rest or meal break requirements in Oklahoma. Employers in Oregon must offer several types of breaks.
Oregon employers must provide breaks to non-exempt employees and to minors. Employers must give nonexempt employees a meal break of at least 30 minutes for every shift that is 6 hours or longer. If a shift is hours long, then the employee earns a break between the second and fifth hours of the shift. If the shift is longer than 7 hours, then the break must be between the third and sixth hours.
In addition, employers must give minors a meal break of at least 30 minutes. This break must be no later than 5 hours and one minute after the minor starts their shift.
Furthermore, non-exempt employees must be given a second meal break if their shift is 14 hours or longer. The meal breaks can be unpaid, but the employee has to be relieved of all work duties. If the employee is not relieved of all work duties, then the meal break must be paid. However, it is important to note, that all employees who are 14 or 15 years of age must be relieved of all work duties during the work break.
There is no exception to this requirement. All employees must receive a rest break of at least 10 minutes for every 4 hours worked. Employers much give minor employees a break lasting at least 15 minutes for every 4 hours worked. Nevertheless, it is important to note that breaks are not optional. Employees may not waive their right to a break.
Employers can require nonexempt employees to take all their required breaks. Employers can also discipline employees for not taking breaks. Employers of domestic workers must provide 24 hours of rest every work week. If the worker agrees to work on the designated day of rest, the employee must pay overtime for those hours. Plus, for any domestic worker who worked an average of 30 hours a week or more the previous week, the employer must provide the worker with at least 3 paid personal days off.
First, every 24 hours, employers must allow at least 8 consecutive hours of rest. In addition, the employer must provide the employee with a place that allows uninterrupted sleep.
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