How much time do I have to give my employees for meal and rest breaks?

Employees must receive a 30-minute uninterrupted meal period if they work more than 5 hours, provided by the end of the 5th hour. A second 30-minute meal period is required if they work more than 10 hours, provided by the end of the 10th hour.

Rest breaks must be 10 consecutive uninterrupted minutes for every 4 hours worked (or major fraction thereof, defined as over 2 hours). No rest break is required for shifts under 3.5 hours. Shifts of 3.5 to 6 hours require one rest break; over 6 to 10 hours require two; over 10 to 14 hours require three; and so on.

Rest breaks must be “net” 10 minutes, meaning the employee must be relieved of all duties and can begin the break only after reaching an appropriate rest area. Travel time to the break area may extend the total break time beyond 10 minutes.

If an employer fails to provide a required meal or rest period, the employee is owed one additional hour of pay at their regular rate for each violation. On-duty meal periods are allowed only in limited circumstances.

Read about Meal and Rest Break Best Practices in the HR Library.

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