subject: Work Break Laws- Are You Entitled to a Break at Work? [print this page] Work Break Laws- Are You Entitled to a Break at Work?
Frequent, short breaks throughout the day have been shown to actually increase the efficiency and morale of workers. However, federal law does not require that employers offer breaks, leaving the decision up to individual states, which may or may not offer breaks. While most states do have laws that require breaks, others leave the decision up to employers. This means that, depending on your state and your place of employment, you may not be entitled to any breaks at all.
Federal Work Break Laws
Although an employer is not obligated by any federal laws to offer breaks at all, even lunch breaks, if they do decide to offer them, any breaks that last less than 20 minutes must be paid. According to the Fair Labor Standards Act of 1938, your employer cannot force you to clock out or reduce your pay for breaks that last fewer than 20 minutes. However, workers are not entitled to these breaks unless the employer allows them or state laws require them.
State Work Break Laws
The majority of states have laws to ensure that employees have a lunch break. Most of these laws require that employers provide at least a 30 minute break to employees for any job that lasts over 7.5 hours. To prevent employees from simply arriving late or leaving early, this break must be taken at least two hours after arriving but two hours before leaving.
Many workers are surprised when they land work at a new company or in a new field and they are not offered the breaks they had been expecting. Even though it might not seem fair, the employer in question may not be required to offer the breaks at all. Therefore, it is important to understand the break laws in your state, especially when you begin a new job. If you are not being offered the breaks you are entitled to by law, you may be able to take legal action against the employer.
To learn more about federal and state break laws and other employment issues, visit the website of the http://austinemploymentattorney.com/austin_employment_lawyer_practice_areas.aspx">Austin employment lawyers at Melton & Kumler, LLP.
