You need to know how many hours each employee works each pay period to ensure that you pay each the proper amount. You also need this information to ensure that you're complying with both minimum wage and overtime rules.

Time you have to pay for. Generally, you have to pay nonexempt employees for the time they spend performing work for you while: (1) on duty, (2) on your premises, or (3) at the workplace. However, there are rules about what counts as hours worked and what doesn't. This chart provides a list of compensable time. In addition, here are a few important rules that you should know about:

• Employee absences. Hours worked excludes time that an employee is away from work due to illness, or under your time off or holiday policies. This is true even if you're required, or choose, to pay employees for the absences.
• Meals and breaks. Generally, you have to include as working time, and to pay employees for, breaks or rest periods that last no longer than 20 minutes. Meal periods (generally, at least 30 minutes) are excluded in computing work time. However, a meal period counts as work time if it’s less than 30 minutes long, the employee isn't completely relieved of duties, or the employee can't leave the work post.

Federal law doesn't require that breaks be given at all, but some states regulate both meal and rest periods, either generally, or for specific industries. Many states have very specific rules regarding when during a shift a meal break must be given. Also, some states permit meal and break rules to be determined under collective bargaining agreements. In addition many states have special rules relating to meal and rest periods for minors. See the map, below, for details.

• On-call time. Depending upon the circumstances, you may have to pay an employee for on-call time. It comes down to how much control you have over the employee. If a nonexempt employee has to sit by the phone and be available for a phone call and come in to work immediately, you have to pay that employee for on-call time. But an employee who is free to do whatever he or she wants to do, even though required to carry a pager or cell phone, isn't on call.
• Orientation or training. You must pay for any time spent on activities that you require, such as training or completing forms. This is true even if you send an employee to a class before or after the workday or on a non-work day.
• Travel time. You must pay employees for time spent traveling during normal working hours. You don't have to pay for time spent commuting and time spent traveling from home to a train station or airport. If overnight travel is required, only a portion of that time requires compensation.
• Unauthorized overtime. You have to pay an employee who works overtime you didn't authorize and you have to include that time as working time, if you knew or had reason to know that the employee was performing the work. If you know an employee is working overtime that you didn't authorize, you have an affirmative duty to stop the employee from performing the work to avoid having to pay. This includes employees who take work home with them.
• Incidental work. In addition to the principal duties that you hire an employee to perform, employees frequently perform, and must be paid for, some incidental activities. In general, you must pay an employee for time spent on activities that further your interests, but not for time spent on activities that are merely incidental to the employment relationship. For example, an employee who stays late to set up equipment for a presentation to potential customers the following day must be paid for his time. Similarly, an employee who is on call and must respond if summoned must be paid. In November 2005, the Supreme Court held that employees must be compensated for the time they spend walking to production areas after changing into protective safety equipment. However, the court ruled that the time workers spend waiting to don the first piece of gear is not compensable.
• Comp time. Giving comp time refers to the practice of giving compensatory time off to nonexempt employees who work extra hours instead of paying them time and a half. Under federal law, the practice is illegal. Of course, there’s nothing wrong with giving comp time to an employee who doesn't work 40 hours in a week, even with the extra time.

Select a state from the map below to get information on meal and break rules:

Meal and Break Requirements in Alaska    choose another state

Minors. A minor who is scheduled to work for six consecutive hours or more is entitled to a break of at least 30 minutes during the course of the work shift. The break may be scheduled at the convenience of the employer, but must occur after the first hour and a half of work and before the beginning of the last hour of work. A minor who works for five consecutive hours without a break is entitled to a break of at least 30 minutes before continuing to work. These provisions may be modified by the terms of a collective bargaining agreement that covers the employment of the minor, or on occasion by mutual agreement between the employer and the employee. The break provisions outlined above do not apply to minors employed in the catching, trapping, cultivating or farming, netting, or taking of any kind of fish, shellfish, or other aquatic forms of animal and vegetable life; or minors employed by a member of their family. Exceptions also exist for minors employed in the entertainment industry. Nursing mothers. The act of a woman breast-feeding a child in a public or private location where the woman and child are otherwise authorized to be is lawful in Alaska. Also, a municipality may not enact an ordinance that prohibits or restricts a woman breast-feeding a child in a public or private location where the woman and child are otherwise authorized to be.

Meal and Break Requirements in Alabama    choose another state

Alabama does not have a general law governing meal and rest periods. However, there are specific provisions relating to child labor. Minors ages14 and 15 years of age cannot be employed for more than five straight hours without receiving at least a 30-minute break for a meal or rest period. Any meal or rest period of less than 30 minutes cannot be considered as an interruption of a continuous period of work.

Meal and Break Requirements in Arkansas    choose another state

Note: This provision applies to the trucking industry only. In Arkansas, drivers on public roads in Arkansas must have at least eight hours rest following 12 consecutive hours of driving. Meal breaks. Meal period not specified. Rest breaks. Rest period of 20 minutes or less, when granted, are counted as hours worked.

Meal and Break Requirements in Arizona    choose another state

Arizona does not have a general law relating to meal and/or rest periods. However, mandatory time off for motor carriers and railroad employees are provided for. Motor carriers having worked 10 hours must be off duty for eight hours before being returned to work. Railroad employees must be off nine hours after having worked 16 consecutive hours. Exceptions apply.

Meal and Break Requirements in California    choose another state

Note: These provisions apply only to certain, regulated industries. In California, wage orders regulating meal and rest periods exist for the following 15 industries and occupations: manufacturing; personal services; canning, freezing and preserving; professional, technical, clerical, mechanical and similar occupations; public housekeeping; laundry, linen supply, dry cleaning and dyeing; mercantile; industries handling products after harvest; transportation; amusement and recreation; broadcasting; motion pictures; industries preparing agricultural products for market on the farm; agricultural occupations; and household occupations. Generally, employers in these regulated industries must grant rest periods at the rate of 10 minutes of rest time for every four hours or major fraction thereof worked. However, no rest period is necessary if total daily work time is less than three and one-half hours. No deduction from wages may be made for authorized rest time. Insofar as practicable, a rest period must be in the middle of each work period. In all but the broadcasting and motion picture industries, the rule for meal periods is that no person may be employed for a work period of more than five hours without a meal period of not less than 30 minutes. However, the meal period may be waived by mutual consent if a work period of not more than six hours will complete the day's work. Unless the employee is completely relieved of duty, the meal period must be considered time worked. Also, if employees must eat on the premises, a suitable place for that purpose must be designated. For the broadcasting and motion picture industries, the rule is that no person may be employed for a work period of more than six hours without a meal period of not less than 30 minutes nor more than one hour, and that subsequent meal periods must be called not later than six hours after termination of the preceding meal period. Effective January 1, 2006, employees in the motion picture and broadcasting industries who are covered by a valid collective bargaining agreement that provides for meal periods and includes a monetary remedy if the employee does not receive a meal period required by the agreement, are exempt from the state's meal period requirements. In the lumber industry, the law provides that every sawmill, shakemill, shinglemill, logging camp, planing mill, veneer mill, plywood plant or any other type of plant or mill that processes or manufactures any lumber, lumber products, or allied wood products in California must allow its employees a period of not less than one-half hour for the midday meal, between the third and fifth hours of each day's shift.

Meal and Break Requirements in Colorado    choose another state

Note: This wage order covers only the following four industries: retail and service, commercial support service, food and beverage, and health and medical. Administrative, executive/supervisor, professional, and outside sales employees are exempt. Retail and service: Any business or enterprise that sells or offers for sale, any service, commodity, article, goods, real estate, wares or merchandise to the consuming public, and that generates 50% or more of its annual dollar volume of business from such sales. The retail and service industry offers goods or services that will not be made available for resale. It also includes amusement and recreation, public accommodations, banks, credit unions, savings and loans, and includes any employee who is engaged in the performance of work connected with or incidental to such business or enterprise, including office personnel. Commercial support service: Any business or enterprise engaged directly or indirectly in providing services to other commercial firms through the use of service employees who perform duties such as: clerical, keypunching, janitorial, laundry or dry cleaning, security, building or plant maintenance, parking attendants, equipment operators, landscaping and grounds maintenance. Commercial support service also includes temporary help firms which provide employees to any business or enterprise covered by this wage order. Any employee, including office personnel, engaged in the performance of work connected with or incidental to such business or enterprise, is covered by the provisions of this wage order. Food and beverage: Any business or enterprise that prepares and offers for sale, food or beverages for consumption either on or off the premises. Such business or enterprise includes but are not limited to: restaurants, snack bars, drinking establishments, catering services, fast-food businesses, country clubs and any business or establishment required to have a food or liquor license or permit, and includes any employee who is engaged in the performance of work connected with or incidental to such business or enterprise, including office personnel. Health and medical: Any business or enterprise engaged in providing medical, dental, surgical or other health services including but not limited to medical and dental offices, hospitals, home health care, hospice care, nursing homes, and mental health centers, and includes any employee who is engaged in the performance of work connected with or incidental to such business or enterprise, including office personnel. Meal and rest period rules. In all these industries, employees are entitled to an uninterrupted and "duty free" meal period of at least thirty minutes when the scheduled work shift exceeds five consecutive hours of work. The employees must be completely relieved of all duties and permitted to pursue personal activities to qualify as a non-work, uncompensated period of time. When the nature of the business activity or other circumstances exist that makes an uninterrupted meal period impractical, the employee shall be permitted to consume an "on-duty" meal while performing duties without any loss of time or compensation. Employees are to be given a paid 10-minute rest break for every four hours worked.

Meal and Break Requirements in Connecticut    choose another state

An employer in Connecticut may not require any person to work for seven and one-half or more consecutive hours without at least 30 consecutive minutes for a meal. The meal period must be scheduled at least two hours after the workday begins and at least two hours before it ends. Exemptions may be given by the Labor Commissioner if the Commissioner finds that: (1) requiring compliance would be adverse to public safety; (2) the duties of a position can only be performed by one employee; (3) the employer employs less than four employees on a shift at a single place of business, provided the exemption only applies to the employees on that shift; or (4) the continuous nature of the employer's operations, such as chemical production or research experiments, requires that employees be available to respond to urgent or unusual conditions at all times and the employees are compensated for break and meal periods. Exempt employment includes professional employees who are certified by the state board of education and employed by a local or regional board of education of any town or regional school district to work directly with children and employers that provide 30 or more total minutes of paid rest or meal periods to employees within each seven and one-half hour work period. Employers and employees may enter into a written agreement providing for a different schedule of meal periods.

Meal and Break Requirements in District of Columbia    choose another state

The District of Columbia does not have any general provisions governing meal and rest periods, but there are rest period requirements for minors employed in the theatrical industry.

Meal and Break Requirements in Delaware    choose another state

Meal breaks. An employer in Delaware must provide an unpaid meal period of at least 30 minutes for employees who work seven and one-half or more consecutive hours in a day. The meal period must come after the first two hours of work and before the last two hours of work. The meal period requirement does not cover teachers or employees covered by a collective bargaining agreement. Exemptions may be granted when compliance could compromise public safety; when only one employee is able to perform the duties of the job; there are fewer than five employees on a shift; or the continuous nature of the employment requires employees to be poised to respond to work demands at all times and the employees are paid for their meal periods. Rest breaks. Rest breaks not specified.

Meal and Break Requirements in Florida    choose another state

Minors. Minors 17 years of age or younger must not be employed, permitted, or suffered to work for more than four hours continuously without an interval of at least 30 minutes for a meal period. No period of less than 30 minutes is deemed to interrupt a continuous period of work. Special rules apply for minors employed in the entertainment industry. Nursing mothers. A mother may breast feed her baby in any location, public or private, where the mother is otherwise authorized to be.

Meal and Break Requirements in Georgia    choose another state

Meal breaks. Not specified. Rest breaks. Employers must provide reasonable unpaid break times to employees who need to express breast milk for their infants. The break may run concurrently with any other break time already provided to the employee.

Meal and Break Requirements in Hawaii    choose another state

Minors. A minor who has attained the age of 14 years but not 16 years, may not be employed or permitted to work more than five hours continuously without an interval of at least 30 consecutive minutes for a rest or lunch period. Breastfeeding. An employer may not prohibit an employee from expressing breast milk during any meal period or other break period required by law to be provided by the employer or required by collective bargaining agreement. Also, it is a discriminatory practice to deny, or attempt to deny, the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodations to a woman because she is breast feeding a child.

Meal and Break Requirements in Iowa    choose another state

Minors. If a minor under 16 is employed for a period of five hours or more each day, an intermission of at least 30 minutes must be given. Nursing mothers. A woman may breast feed her child in any public place where the woman's presence is otherwise authorized.

Meal and Break Requirements in Idaho    choose another state

Idaho has no laws regarding meals and breaks.

Meal and Break Requirements in Illinois    choose another state

Meal breaks. Employees in Illinois who work seven and one-half continuous hours must have at least 20 minutes for a meal period no later than five hours after the start of a work period, except where meal periods are established through collective bargaining. The requirement does not apply to employees whose meal periods are established through collective bargaining. In addition, mandated breaks do not apply to employees who monitor individuals with developmental disabilities or mental illness, or both, who, in the course of their duties, are required to be on call during an entire eight-hour work period. However, these employees must be allowed to eat a meal during the eight-hour work period while continuing their monitoring duties. Rest breaks. Rest breaks not specified. Hotel room attendants. Hotels and other establishments licensed for transient occupancy in a county having a population greater than 3,000,000 must provide each hotel room attendant who works at least seven hours in a workday with a minimum of two 15-minute paid rest breaks and one 30-minute meal period. Employers must keep complete and accurate records of the break periods. Employers must also provide an adequate room on the premises for break periods, with adequate seating and tables and clean drinking water. The Right to Breastfeed Act allows women to nurse anywhere they are authorized to be and applies to both private and public places.

Meal and Break Requirements in Indiana    choose another state

Indiana does not have a general meal and rest period law, but there are provisions requiring certain off-duty periods for drivers working for contract carriers and transporting railroad employees and rest period requirements for minors.

Meal and Break Requirements in Kansas    choose another state

Kansas does not have a general meal and rest period law, but there are provisions requiring meal and rest periods for railroad employees of public utilities and for minors. Effective March 1, 2006, a nursing mother has the right to breastfeed her child in any place she has the right to be.

Meal and Break Requirements in Kentucky    choose another state

No employer in Kentucky may require any employee to work without a rest period of at least 10 minutes during each four hours worked. This is in addition to the regularly scheduled lunch period. No reduction in the compensation of hourly and salaried employees may be made for time spent in rest periods. Employers must grant their employees a reasonable period for lunch, which must be as close to the middle of the employee's scheduled work shift as possible. In no case may an employee be required to take a lunch period sooner than three hours or later than five hours after the work shift starts. Effective July 11, 2006, a mother has the right to breastfeed her child or express breast milk in any place she has the right to be.

Meal and Break Requirements in Louisiana    choose another state

No minor may be employed for any five-hour period without one interval of at least 30 minutes for meals. If the period of work before the interval exceeds five hours by less than 15 minutes, that difference is not a violation of this provision. The interval may not be included as part of the working hours of the day. The interval must be 30 minutes. Any difference in length of the interval less than 15 minutes is not a violation of this provision. Louisiana allows mothers to breastfeed their infants in any public accommodation, including workplaces that are also public accommodations. Any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial or any other act of differentiation or preference in the treatment of a mother breastfeeding her infant is a discriminatory practice in connection with public accommodations.

Meal and Break Requirements in Massachusetts    choose another state

No person may be required to work in Massachusetts for more than six hours during a calendar day without an interval of at least 30 minutes for a meal. Exceptions apply to ironworks, glassworks, paper mills, letterpress establishments, print works, bleaching works, dyeing works or any other establishments exempted by the commissioner.

Meal and Break Requirements in Maryland    choose another state

Minors. A minor may not be employed for more than five consecutive hours without a nonworking period of at least one-half hour. Retail workers. Retail workers can choose as a day of rest either Sunday or the Sabbath of the employee. Such workers must provide written notice to the employer of such day of rest. Prior to changing any day of rest, the employee must give written notice to the employer at least 30 days before the effective date. Retail employers are prohibited from discharging, disciplining, discriminating against, or penalizing an employee who chooses a day of rest. Employers cannot require an applicant for employment of 25 hours or more to answer any question that would identify the day of rest the applicant would choose. The day of rest law for retail workers does not apply to managerial or professional employees. Outside of Wicomico County, this provision also does not apply to part-time employees. Provisions allowing for employees to designate a day of rest do not affect any right granted under a collective bargaining agreement, nor do they apply during an emergency declared by a governmental authority.

Meal and Break Requirements in Maine    choose another state

Meal and rest breaks. Employees in Maine may not work longer than six consecutive hours without taking at least 30 consecutive minutes of rest time that may be used as a mealtime. This requirement does not apply if there is a collective bargaining agreement or other written employer/employee agreement providing otherwise, in cases of dire emergency, in cases of small businesses with less than three employees or in jobs that allow employees frequent breaks during the workday.

Meal and Break Requirements in Michigan    choose another state

Michigan does not have a general meal and rest period law. However, Michigan's Youth Employment Standards Act has provisions for meal and rest periods. In Michigan, a minor may not be employed for more than five hours continuously without an interval of at least 30 minutes for a meal and rest period. An interval of less than 30 minutes is not considered to interrupt a continuous period of work.

Meal and Break Requirements in Minnesota    choose another state

Meal breaks. An employer in Minnesota must permit an employee who works for eight or more consecutive hours sufficient time to eat a meal. The employer is not required to pay the employee during the meal break provided that the employee is completely relieved from duty, generally for 30 minutes except in special conditions. If an employee is not freed from duty, including being interrupted by frequent phone calls, the meal period must be considered hours worked. However, pursuant to a collective bargaining agreement, employers and employees may establish meal periods different from those provided by law. Rest breaks. An employer in Minnesota must allow each employee an adequate break from work during each four consecutive hours of work to utilize the nearest convenient restroom. Rest periods of less than 20 minutes may not be deducted from hours worked. An employer and employee may establish rest breaks pursuant to terms of a collective bargaining agreement.

Meal and Break Requirements in Missouri    choose another state

Missouri has no laws regarding meals and breaks.

Meal and Break Requirements in Mississippi    choose another state

Minors must be allowed at least 30 minutes for each meal period, which must commence reasonably close to 6:00 a.m., 12:00 noon, 6:00 p.m. or12:00 midnight, or approximately midway of any work period or at such other times as deemed reasonable by the Department of Workforce Development. No minor under age 18 may be employed or permitted to work more than six consecutive hours without a meal period. Mississippi law requires employers to grant nursing mothers breaks for nursing or expressing breast milk.

Meal and Break Requirements in Montana    choose another state

Montana does not have a general meal and rest period law, but there are provisions requiring employers to give employees in certain occupations a specified number of hours off duty before they return to work. There are also provisions protecting the right of a mother to nurse her child in public.

Meal and Break Requirements in North Carolina    choose another state

North Carolina does not have a general meal and rest period law, but there are provisions requiring employers to give minors and employees in certain occupations a specified number of hours off duty before they return to work. There are also provisions protecting the right of a mother to nurse her child in public. Minors. Youths under 16 years of age may not be employed for more than five consecutive hours without an interval of at least 30 minutes for rest. No period of less than 30 minutes is deemed to interrupt a continuous period of work. Railroad employees. Railroad employees who have been on duty for 16 continuous hours must receive a rest period of at least 10 consecutive hours off duty before being returned to work. Railroad employees who have been on duty for a total of 16 nonconsecutive hours in a 24-hour period must have at least eight consecutive hours off duty before being returned to work. Teachers. All full-time assigned classroom teachers must be provided a daily duty free period during regular student contact hours. Principals must not unfairly burden a teacher by making that teacher give up his or her duty free period on an ongoing, regular basis without the consent of the teacher. Nursing mothers. A woman may breast feed in any public or private location where she is otherwise authorized to be.

Meal and Break Requirements in North Dakota    choose another state

In North Dakota, a 30-minute uninterrupted time period for meals must be provided on each shift of work exceeding five hours, when there are two or more employees on duty. Employees do not have to be paid for meal periods if they are completely relieved of their duties and the meal period is ordinarily 30 minutes in length. Collective bargaining agreements prevail over this provision. Employees not allowed to leave the premises during the break period must be compensated at the regular rate of pay or provided with in-kind compensation, such as a meal whose value is equal to or greater than the minimum wage.

Meal and Break Requirements in Nebraska    choose another state

Note: This provision applies only to assembling plants, work shops and mechanical establishments. Employees in Nebraska who work at an assembling plants, work shops or mechanical establishments must have not less than 30 consecutive minutes between the hours of noon and 1:00 p.m. each day or 30 consecutive minutes during any other suitable hour for lunch. During such time, it is unlawful to require the employees to remain in buildings or on premises where their labor is performed. This provision does not apply to employment that is covered by a valid collective bargaining agreement or other written agreement between an employer and employee.

Meal breaks. A New Hampshire employer may not require an employee to work more than five consecutive hours without permitting a half-hour eating period, except if it is possible for the employee to eat while working and the employer allows this arrangement.

Rest breaks. Rest breaks not specified.

Meal and Break Requirements in New Hampshire    choose another state

Meal and Break Requirements in New Jersey    choose another state

New Jersey has no laws regarding meals and breaks.

Meal and Break Requirements in New Mexico    choose another state

Female employees must be provided with meal periods of at least 30 minutes, but mealtime is not considered a part of the workday. Due to the passage of New Mexico's equal rights amendment, this requirement is unenforceable. Employers must allow nursing mothers to breastfeed a child in all public and private places where the mother is otherwise allowed to be present.

Meal and Break Requirements in Nevada    choose another state

Meal breaks. A Nevada employer may not employ an employee for a continuous period of eight hours without permitting the employee to have a meal period of at least a half hour. No period of less than 30 minutes interrupts a continuous period of work for purposes of this requirement. These requirements do not apply when there is only one person employed at a particular place of employment, nor to employees covered by a collective bargaining agreement. Rest breaks. Every employer must authorize and permit employees to take rest periods, which, insofar as practicable, must be in the middle of each work period. The duration of the rest periods must be based on the total hours worked daily at the rate of 10 minutes for each four hours or major fraction thereof. Rest periods need not be authorized if total daily work time is less than 3.5 hours. Authorized rest periods are hours worked, for which there may be no deduction from wages. One-employee establishments and employees under a collective bargaining agreement are exempted, and employers may apply to the labor commissioner for exemptions.

Meal and Break Requirements in New York    choose another state

Note: These provisions apply to mercantile and factory employers only. Persons in New York employed in or in connection with a factory must be allowed at least one hour for a midday meal. Persons employed for a period or shift of more than six hours starting between 1:00 p.m. and 6:00 a.m. must be allowed at least one hour for a meal period at a time midway between the beginning and end of such employment. The Commissioner may permit shorter meal periods. If permission is granted, the permit must be conspicuously posted in the main entrance of the establishment. Persons employed in or in connection with a mercantile or other establishment or occupation coming under the provisions of the labor law must be allowed 30 minutes for a noon day meal. The noon day meal period extends from 11:00 a.m. until 2:00 p.m. An employee who works a shift of more than six hours, which extends over the noon day meal period, is entitled to at least 30 minutes off within that period for a meal. Anyone starting work before 11:00 a.m. and continuing later than 7:00 p.m. must be allowed an additional meal period of at least 20 minutes between 5:00 and 7:00 p.m. Those working six or more hours on a shift between 1:00 p.m. and 6:00 a.m. must be provided a meal period of at least 45 minutes, midway between the beginning and end of the shift.

Meal and Break Requirements in Ohio    choose another state

Ohio does not have a general meal and rest period law, but there are provisions requiring employers to give minors, firefighters and railroad and street railway employees meal and break times. A mother is entitled to breastfeed her baby in any location of a place of public accommodation wherein the mother is otherwise permitted.

Meal and Break Requirements in Oklahoma    choose another state

Minors under the age of 16 must be permitted a one-hour cumulative rest period for each eight consecutive hours worked. However, minors may not work more than five consecutive hours unless permitted a one-half hour cumulative rest period. Effective November 1, 2006, Oklahoma employers should provide reasonable unpaid break time each day to an employee who needs to breastfeed or express milk for her child to maintain milk supply and comfort. If possible, the break time shall run concurrently with any break time, paid or unpaid, already provided to the employee. In addition, an employer should make a reasonable effort to provide a private, secure, and sanitary room or other location in close proximity to the work area, other than a toilet stall, where an employee can express her milk or breastfeed her child. An employer is not required to provide break time if to do so would create an undue hardship on the employer's operations.

Meal and Break Requirements in Oregon    choose another state

Employers in Oregon must provide an appropriate meal period of not less than 30 minutes for each work period of not less than six nor more than eight hours. The meal must be taken between the second and fifth hour worked (if the work period is seven hours or less) or between the third and sixth hour worked (if the work period is more than seven hours) and the employee must be relieved of all duties. A period in which to eat while continuing to perform duties or remain on call, but which is not deducted from hours worked, is permitted only where the nature of the work prevents the employee from being relieved of all duty. Employers also must provide "appropriate rest periods" of not less than 10 minutes without deduction from pay for every four hours or major part thereof worked in one work period. The period of rest must be in addition to the usual meal period, and insofar as possible should be taken approximately in the middle of each work period. The Wage and Hour Commission may make exceptions for good cause shown. Effective January 1, 2006, employers with 25 or more employees are required to provide reasonable unpaid rest periods to accommodate an employee who needs to express milk for her child. Effective January 1, 2006, a minor employee under the age of 16 is entitled to a mealtime of at least 30 minutes, and the mealtime can not be included as part of the day's work hours.

Meal and Break Requirements in Pennsylvania    choose another state

Minors.--Minors may not work for more than five continuous hours without a rest or meal period of at least 30 minutes. Seasonal farm work.--Seasonal farm workers cannot be required to work more than five continuous hours without receiving a meal or rest period of at least 30 minutes. Such meal or rest period is not considered part of the total hours of labor. Meal or rest periods of less than 30 minutes cannot be counted as an interruption of a continuous period of work.

Meal and Break Requirements in Puerto Rico    choose another state

In Puerto Rico, the time set for nourishment may not be less than one hour unless a shorter period is established by law. The time intended for taking meals must begin no sooner than the end of the third nor later than the beginning of the sixth consecutive hour of work, so that employees will never be required to work more than five consecutive hours without pausing from work to eat. The Secretary of Labor may approve shorter meal periods, and the stipulation for reducing the meal period may be effected through collective bargaining. Employers who permit an employee to work during the time fixed for taking food will be obliged to pay double time.

Meal and Break Requirements in Rhode Island    choose another state

Effective July 10, 2005, Rhode Island law provides that all employees working a six hour shift are entitled to a 20 minute mealtime and all employees working an eight hour shift are entitled to a 30 minute mealtime. However, employers are not required to compensate employees for mealtimes. Employers who employ less than three people on any shift on a worksite and employers of licensed health care facilities are exempt from coverage. Note: This provision applies to factories, workshops and mercantile establishments only. No person may be employed for more than six consecutive hours in a Rhode Island factory, workshop, mechanical or mercantile establishment without at least a 20-minute interval for a meal. However, the person may be so employed for not more than six and one-half hours if the employment ends not later than 1:00 p.m. and the person is then dismissed for the day; or for not more than seven and one-half hours if the person is allowed enough time to eat a lunch during the continuance of such employment, the employment ends not later than 2:00 p.m. and the person is then dismissed for the day. The section does not apply to any telephone exchange where the operator is not required to operate at the switchboard continuously during the night, but is able to sleep during a considerable part of the night.

Meal and Break Requirements in South Carolina    choose another state

South Carolina has no laws regarding meals and breaks.

Meal and Break Requirements in South Dakota    choose another state

South Dakota has no laws regarding meals and breaks.

Meal and Break Requirements in Tennessee    choose another state

Each employee in Tennessee who is scheduled to work six consecutive hours must have a 30-minute, unpaid rest break or meal period. If, however, the nature of the workplace is such that employees may take breaks during the workday, the scheduled rest/meal period need not be provided. Breaks may not be scheduled during or before the first workday hour. Employers must provide reasonable unpaid breaks to employees who need to express breast milk for their infants. The break, if possible, should run concurrently with any break time already provided. Employers should make reasonable efforts to provide a room, other than a toilet stall, where employees may express milk in privacy.

Meal and Break Requirements in Texas    choose another state

Texas does not have a general meal and rest period law. However, Texas law does provide for a day of rest for retail workers as well as duty-free meal breaks for teachers and librarians. Texas also has a breast-feeding rights and policies law.

Meal and Break Requirements in Utah    choose another state

Minors. Employers must allow the opportunity for a meal period of not less than 30 minutes and not later than five hours after the beginning of a minor employee's workday. If, during the meal period, the employee cannot be completely relieved of all duties and permitted to leave the workstation or area, the meal period must be paid as time worked. At least a 10-minute paid rest period for each four hours, or fraction thereof, must be provided for each minor employee; however, no minor employee may be required to work over three consecutive hours without a 10-minute rest period. In those unusual situations where a meal or rest period cannot be provided, the Labor Commission will decide whether the general intent of the rules has been met to ensure attainment of reasonable safeguards for a minor's health, safety, and education. Nursing mothers. In Utah, counties may not prohibit a woman's breast feeding in any location where she otherwise may rightfully be permitted.

Meal and Break Requirements in Virginia    choose another state

Effective July 1, 2005, Virginia's day of rest law is repealed. In Virginia, employees must be allowed to take at least one consecutive 24-hour day of rest each week, except in an emergency. This day of rest is in addition to any regular periods of rest allowed or required during the workday. A non-managerial employee can choose Saturday (if the employee refrains from secular business and labor on that day) or Sunday as the Sabbath or day of rest. Upon the employee's filing of a written notice with the employer naming Saturday or Sunday as the day of rest, the employer cannot discharge, discipline or penalize the employee for exercising the right to Saturday or Sunday as a day of rest. This provision cannot be waived on an employment application. The day of rest provisions do not apply to the following industries: transportation; public services and utilities, manufacturing, processing and plant operation of all types; publishing, including distribution and sales; servicing, fueling and repair of motor vehicles, boats and aircraft, and the selling of related parts and supplies; operation of motion picture theatres and the production of radio and television programs; medical services; and other services on an emergency basis; sports, athletic events and the operation of historic, entertainment and recreational facilities, and the sale or rental of boats, and swimming, fishing and boating equipment; agriculture, including the operation of nurseries and florist establishments; preparation and sale of prescription and nonprescription drugs and the sale of medical and hygienic supplies and baby supplies; wholesale food warehouses and ship chandleries; restaurants and delicatessens; janitorial, custodial and similar services; operation of hotels and motels and funeral homes and cemeteries; mining and supporting facilities; sale of tobacco and related products; a drugstore, if a majority of the sales receipts consist of prescription and nonprescription drugs, health and beauty aids; sale of novelties, cameras, photographic supplies (including film and flash bulbs), antiques, pictures, paintings, art supplies, souvenirs, animals as pets, including tropical fish, and pet supplies; and sale or leasing of noncommercial real property and mobile homes, and the sale of residential modular, panelized or other prefabricated houses, notwithstanding that such houses are not then erected or constructed on a site. Minors. Minors may not be employed or permitted to work for more than five hours continuously without an interval of at least 30 minutes for a lunch period, and no period of less than 30 minutes is deemed to interrupt a continuous period of work.

Meal and Break Requirements in Virgin Islands    choose another state

No information available.

Meal and Break Requirements in Vermont    choose another state

In Vermont, an employer must provide an employee with reasonable opportunities during work periods to eat and to use toilet facilities in order to protect the health and hygiene of the employee.

Meal and Break Requirements in Washington    choose another state

Meal breaks. Employees in Washington must be allowed a meal period of at least 30 minutes commencing no less than two hours nor more than five hours from the beginning of a shift. Meal periods must be paid working time when the employee is required by the employer to remain on duty on the premises or at a prescribed worksite in the interest of the employer. No employee may be required to work more than five consecutive hours without a meal period. Employees working three or more hours longer than a normal workday must be allowed at least one, 30-minute meal period prior to or during the overtime period. Rest breaks. Employees must be allowed a paid rest period of not less than 10 minutes for each four hours of working time. Rest periods must be scheduled as near as possible to the midpoint of the work period. No employee may be required to work more than three hours without a rest period. Where the nature of the work allows employees to take intermittent rest periods equivalent to 10 minutes for each four hours worked, scheduled rest periods are not required.

Meal and Break Requirements in Wisconsin    choose another state

Wisconsin has no laws regarding meals and breaks.

Meal and Break Requirements in West Virginia    choose another state

Meal breaks. All employers in West Virginia must provide meal breaks for employees who work six or more hours in a workday. The break must be at least 20 minutes long and must be scheduled at reasonable times designated by the employer. Meal breaks must be provided for all employees who are not afforded necessary breaks and/or not permitted to eat a meal while working. Rest breaks. Rest breaks not specified.

Meal and Break Requirements in Wyoming    choose another state

Wyoming has no laws regarding meals and breaks.

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