![]() ![]() ![]() Makes the distinction between rest periods of 5 to 20 minutes and compensable waiting time or on-call time, all of which are paid work time. The FLSA does not require meal or break periods. What Does the Fair Labor Standards Act (FLSA) NOT Require? Wage and Hour Division's Frequently Asked Questions ![]() Provides general information about what constitutes compensable time under the FLSA. Hours Worked Under the Fair Labor Standards Act (FLSA) Meal periods (typically lasting at least 30 minutes), serve a different purpose than coffee or snack breaks and, thus, are not work time and are not compensable. 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. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the workweek and considered in determining if overtime was worked. Veterans' Employment and Training Service (VETS)įederal law does not require lunch or coffee breaks.Pension Benefit Guaranty Corporation (PBGC).Ombudsman for the Energy Employees Occupational Illness Compensation Program (EEOMBD).Office of Workers' Compensation Programs (OWCP).Office of the Chief Financial Officer (OCFO).Office of the Assistant Secretary for Policy (OASP).Office of the Assistant Secretary for Administration and Management (OASAM).Office of Labor-Management Standards (OLMS).Office of Federal Contract Compliance Programs (OFCCP).Office of Disability Employment Policy (ODEP).Office of Congressional and Intergovernmental Affairs (OCIA). ![]() Office of Administrative Law Judges (OALJ).Occupational Safety and Health Administration (OSHA).Mine Safety and Health Administration (MSHA).Employment and Training Administration (ETA).Employees' Compensation Appeals Board (ECAB).Employee Benefits Security Administration (EBSA).Bureau of International Labor Affairs (ILAB).You have leverage as a group that you may not have as an individual. If there are a number of people who work for your employer who are not getting lunch breaks and we are able to approach your employer as a organized group, it is often easier to convince employers that it is their best interest to fix the situation rather than risk the repercussions of many of his employees being upset. To make it easier, keep in mind that there is strength in numbers. Often times it is intimidating to approach an employer who you rely on for a pay check to give you something that seems as trivial as a lunch break, but it is your right and his obligation to give it to you. You should also know that the law protects you if your employer decides to retaliate against you by firing you or otherwise discriminating against you after you have alerted your employer to your desire to have a lunch break and be reimbursed for lunch breaks you have not been given. If you work 10 hours in a day, you are entitled to another 30 minute lunch break. If you work more than five hours per day, you are entitled to a lunch break (or meal period or rest period) of at least 30 minutes. I would like to get a lunch break during the day, but my employer refuses to give one to me despite the fact that I work 10 hours a day without any break. ![]()
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