Both employers and employees alike are often surprised to learn that federal employment laws do not require employers to set specific intervals or even make time for employees to take work breaks or eat meals. However, this does not mean that employers are totally off the hook for providing employee breaks.
Some states have laws that require employers to make time for employees to take breaks or eat meals. Many of these laws deal with underage employees. For instance, in New Jersey, the mandatory break law only applies to minors under the age of 18, and they must be given a thirty (30) minute meal period after five (5) consecutive hours of work. Company policy dictates break and lunch periods for anyone over the age of 18.
Employers that do allow their employees to take work breaks and eat meals must understand the laws regarding employee pay for those periods.
Under the Fair Labor Standards Act (FLSA), there is an important distinction between rest breaks and meals.
Employee Rest Breaks
If employers voluntarily give one or more short rest breaks of about 20 minutes or less, they must pay employees for their time while on such work breaks. Under the FLSA, the work breaks are counted as time for which employers must pay employees.
Employee Meal Breaks
Under the FLSA, if employers voluntarily give meal breaks, they do not have to pay employees while they’re on such work breaks. However, the breaks must be bona fide meal breaks for employers to be relieved of break pay. This means employers must allow employees to take meal breaks free of work duties. If the employer fails to do so, it counts as work time, for which the employer must pay employees.
If your company is concerned about its employee break and meal policies, it is imperative to consult with an experienced employment law attorney. Failing to pay employees proper wages—even by mistake—can lead to costly investigations and lawsuits.
Why Every Business Should Conduct an Annual Insurance Coverage Review
Most New Jersey business owners purchase insurance policies, file them away, and assume they are protected if a claim arises. Without a regular insurance coverage review, many companies discover gaps only after a lawsuit, cyberattack, property loss, or other significant event occurs. An annual insurance coverage review can help businesses identify potential risks, ensure their […]
Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)
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Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]
Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool
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For many New Jersey business owners, a closely held company represents decades of work, financial investment, and personal sacrifice. Trusts in business succession planning are one of the most effective tools for protecting that value, allowing founders to control how and when the business passes to the next generation while reducing the risk of disputes, […]
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