Generally, there is no federal requirement for employers to offer rest or meal periods. However, the Fair Labor Standards Act (FLSA) does contain rules regarding pay when such breaks are provided. Unlike federal law, many state laws do require employers to provide breaks. Even where breaks aren't required, it is a best practice to offer them because they have been shown to help employees recover from fatigue, relieve stress, reduce work-related injuries, and improve productivity.

The following is a summary of rules and best practices regarding rest breaks and meal periods.

Rest Breaks:

• Breaks of 20 minutes or less must be paid. Under the FLSA, if a rest break is provided, it must be paid. The Department of Labor (DOL) defines a rest break as any period lasting 20 minutes or less that the employee is allowed to spend away from work. The duration of the break is generally the sole factor used when determining whether pay is required, not the reason for the break (e.g., for a cigarette, coffee, snack, or to make a personal phone call).
  
  Best Practice Tip: If you offer rest breaks, encourage employees to use their allotted time. When breaks are required by law, it is a best practice to hold supervisors accountable for making sure employees are provided with adequate break time. In addition to considering state law when evaluating the frequency and duration of breaks, employers may want to consider the mental and physical demands of the job, the length and time of day of the shift, the environment in which the work is performed, as well as customer demand and other business requirements.
  

• Unauthorized extensions of rest breaks. Generally, when employees take unauthorized extensions of rest breaks, the time must be paid if the rest period lasts 20 minutes or less. However, the FLSA permits employers to exclude unauthorized extensions of rest periods from hours worked as long as the employer expressly and unambiguously advises employees that:
  
  
• Breaks may only last for a specified duration (e.g., 10 minutes);
• Unauthorized extensions of breaks are prohibited; and
• Violations of the policy will be punished.

Note that in this context, rest breaks are distinguished from breaks for nursing mothers (described below).

Best Practice Tip: Absent the above criteria, employees are entitled to pay. It is a best practice to inform employees of this policy in writing and require written acknowledgment.

• Breaks for nursing mothers required. Under the FLSA, employers are required to provide reasonable break time for an employee to express breast milk for her nursing child for up to one year after the child's birth, unless the employer has fewer than 50 employees and it would impose an undue hardship. There is generally no requirement for employers to compensate employees for breaks taken for the purpose of expressing milk. However, if employers already provide compensated breaks, an employee who uses that time to express milk must be compensated in the same way that other employees are compensated for break time. For example, if an employer provides two 15-minute rest breaks to its employees and an employee uses those two breaks to express breast milk, the time must be compensated. Additional time taken for this purpose may be unpaid.
  
  Best Practice Tip: Employers must provide reasonable break time each time an employee requires it for the purpose of expressing milk. A space, other than a bathroom, that is shielded from view and free from any intrusion from co-workers and the public must be provided.
  
  
• State laws. Some state laws require employers to provide rest breaks to employees at certain intervals during the workday (e.g., 10 minute rest breaks for every four-hours of work). Again, when breaks last 20 minutes or less, the FLSA requires that they be paid. For information on your state's requirements, see the Meal & Break Requirements for Adults and Minors section of the State & Federal Compliance Database of HR411. Your state may also have additional accommodation requirements for nursing mothers.

Meal Periods:

Under the FLSA, meal periods are not required. However, if employers offer meal periods, such time may be unpaid only if:

• The meal period is at least 30 minutes without interruption; and
• The employee is fully relieved of all duties for the purpose of eating a regular meal.

Note: Exempt employees must be paid their full salary regardless of the length of their meal period.

State Laws:

Some states have specific rules governing meal periods, including when meal periods must be provided as well as the duration. In addition, under some state laws, requiring employees to stay on the premises or imposing other restrictions may affect whether the meal period is paid or unpaid. See the Meal & Break Requirements for Adults and Minors section of the State & Federal Compliance Database of HR411 for more information on state requirements.

Best Practices for Meal Periods:

• Ensuring employees are fully relieved of duty. The FLSA requirement that the employee be fully relieved of duty is an important one to stress with supervisors. For example, if an employee is asked to watch the front desk in case any customers arrive during his or lunch break, the time must be paid, even if no customers require the employee's attention. Similarly, if an employee's meal period is interrupted with work tasks, he or she may be entitled to pay for the full meal period.
  
  
• Requiring employees to punch out for lunch. It is a best practice to require employees to punch out for meal periods. This can help ensure that employees are compensated for any missed meal periods. If you decide against such a requirement, it's important to instruct employees to report missed or interrupted meal periods as soon as possible so that adjustments to the employee's time records can be made.
  
  
• Preventing off-the-clock work. To help ensure employees are completely relieved of duty during meal periods, it is a best practice to expressly prohibit employees from working during this time and to encourage employees to eat their lunch away from their work station. The latter can help remove the temptation to perform work as well as help prevent co-workers from interrupting the employee's meal period with work-related issues.
  
  
• Providing longer or additional meal periods. The nature of the job or the norms of the business may dictate whether an employee is provided a longer meal period than 30 minutes. Employees who work long shifts (e.g., at least 10 hours) are often provided with two meal periods, as prescribed by state law or business practice.

Rest and meal periods are important times for employees to refuel and recharge during the workday. Whether these breaks are required or offered voluntarily, it is a best practice to have a written policy on the issue. To help you with this task, the HR411 Employee Handbook Wizard has a policy that you can customize to suit your business needs.