Compliance: Does Federal Law Require Lunch Breaks?

As a business owner, one of the most challenging issues you face is compliance with government regulations. From taxes to lunch breaks – the government lays out fairly stringent requirements for businesses to comply with. On one hand, this is great; many of them protect you as an employer. On the other hand, it requires quite a bit of time, energy and research to ensure you maintain compliance.

As a PEO broker, one of the most common questions we receive about compliance is regarding breaks and what the laws are surrounding them. The Department of Labor has very specific requirements regarding breaks, times and what is considered as compensable and work time.

Federal Law does not require breaks, for time or meals to be provided however the Fair Labor and Standards Act does classify what is considered compensable time. According to the dol.gov website:

Rest and Meal Periods: Rest periods of short duration, usually 20 minutes or less, are common in industry (and promote the efficiency of the employee) and are customarily paid for as working time. These short periods must be counted as hours worked. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer’s rules, and any extension of the break will be punished. Bona fide meal periods (typically 30 minutes or more) generally need not be compensated as work time. The employee must be completely relieved from duty for the purpose of eating regular meals. The employee is not relieved if he/she is required to perform any duties, whether active or inactive, while eating.

We understand that the vague nature of these regulations can pose a lot of confusion for employers and employees alike. Navigating the compliance scene is something that can easily be transferred to a PEO who specializes in this area.

Contact Employer Solutions Plus to find out how you can streamline your business processes!