Also, the Americans with Disabilities Act of 1990 opens up a whole other door of necessary rights regarding those with disabilities in the workplace and their ability to have breaks or rest periods. There are other laws that grant employees the right to have rest periods to address necessary issues.įor example, the Patient Protection and Affordable Care Act of 2010 permits nursing mothers reasonable break times to pump their milk. The Los Angeles workplace lawyer that is handling your case can tell you that the regulations regarding working eight-hour straight shifts come down to more than just federal and state labor laws. When employees are working straight eight-hour shifts, they are less productive than employees who get regularly scheduled rest and meal breaks. Their concentration levels become poor, and their overall productivity level lowers. However, it would actually be counterproductive to do.Įmployees who can’t take breaks tend to fatigue faster. When sitting down and looking over many laws, you may find that you can have an employee work for an entire eight-hour shift without taking a meal or rest break. Your lawyer can list countless reasons why giving employees regular breaks is a great idea. It’s up to the employer whether or not they choose to compensate you for the meal time. However, a meal break that is 30-minutes or more of uninterrupted time doesn’t have to be paid for. These short breaks must be paid for by the employer. Anything between 10 and 20 minutes is considered a short break. In general, FLSA does address short breaks. Legal professionals can help clarify when an employer must and may choose not to pay you for a break. New York, on the other hand, requires a full-hour meal break at or around noon for factory workers. California requires a 30-minute break every five hours except for when an employee is only working six hours or less. For example, Rhode Island requires a 30-minute break during an eight-hour shift. Each state will be a bit different in what they mandate. In this case, the state law supersedes the lack of federal law in this area of employment. When it comes to state laws, many states address mandatory rest periods for workers. Third, employers know that to be competitive in their job offering, they need to allow for rest periods like other employers in their industry do. Second, they know that employees who don’t get proper nutrition are less productive. First, they know that breaks help to give their workers a break to rejuvenate their body and mind. Many employers will offer break periods for a multitude of reasons. However, there are not many employees that do. Under this law, an employee may legally work an eight-hour shift without even a restroom break. Let’s Discuss Rest PeriodsĪn attorney for restaurant workers can agree that FLSA doesn’t make it mandatory for employers to offer meals or breaks. Department of Labor Wage and Hour Division. This federal act is currently enforced by the U.S. These include child labor laws, working hours, overtime pay, and wages. Most laws apply to any business, regardless of their gross revenue, number of employees, or the type of business that they do.Īs an employee, you are protected under the Fair Labor Standards Act of 1938 (FLSA), which addresses a number of workers’ rights. Issues like how often you should get a break and what the maximum working hours can be are all addressed in these labor laws. We have reviewed our content for bias and company-wide, we routinely meet with national experts to educate ourselves on better ways to deliver accessible content.įor 15 years our company has published content with clear steps to accomplish the how, with high quality sourcing to answer the why, and with original formats to make the internet a helpful place.When it comes to labor laws, they’re set by both federal and state governments. Our commitment is to provide clear, original, and accurate information in accessible formats. We are incredibly worried about the state of general information available on the internet and strongly believe our mission is to give voice to unsung experts leading their respective fields. Our content experts ensure our topics are complete and clearly demonstrate a depth of knowledge beyond the rote. We perform original research, solicit expert feedback, and review new content to ensure it meets our quality pledge: helpful content – Trusted, Vetted, Expert-Reviewed and Edited. We write helpful content to answer your questions from our expert network. Reviewed by Michelle Seidel, B.Sc., LL.B./JD, MBA
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