Ensuring employees receive proper meal periods and rest breaks is a foundational component of workplace compliance and employee well-being. The Fair Labor Standards Act (FLSA) does not require employers to provide meal periods and rest breaks for their employees. However, if an employer chooses to provide meal periods or rest breaks, the employer must comply with the FLSA’s meal periods and rest breaks requirements. As a general rule, rest breaks—breaks of five to 20 minutes—are considered hours worked, but bona fide meal breaks—breaks of 30 minutes or longer—are not covered under the FLSA.
While the FLSA does not require employers to provide meal periods or rest breaks for their employees, many states and localities have laws requiring employers to provide meal periods, rest breaks, or both. These requirements prevail over the FLSA’s silence on the subject. Employers must comply with the applicable federal, state, or local law that provides employees with the greatest rights and protections. Meal period and rest break requirements vary significantly from state to state, creating a complex compliance landscape for employers operating across multiple jurisdictions.
This Compliance Overview provides a high-level summary of each state’s meal period and rest break laws to help organizations understand the core requirements of state meal periods and rest breaks: Overview of State Meal Periods and Rest Laws
