Georgia generally does not require private employers to provide employees meal or rest breaks, except as follows:. State law requires employers to provide employees with a paid break period of reasonable duration to express breast milk. Employees must be able to express breast milk in a location that provides privacy, other than a restroom. However, private employers with 49 or fewer employees are exempt from this lactation break requirement if providing these breaks would impose an undue hardship.
Employers who operate business on Saturday or Sunday are required to make reasonable accommodations to the religious, social, and physical needs of employees who worship. Hawaii generally does not require private employers to provide employees meal or rest breaks, except as follows:. Hawaii Department of Labor and Industrial Relations.
Idaho Department of Labor. Additional requirements and exceptions to the information above may apply to your business. For more information, please contact the Illinois Department of Labor at Indiana generally does not require private employers to provide employees who are not minors with meal or rest breaks.
However, minors who are 17 years of age or younger generally must be given a rest breaks that total 30 minutes if they work at least 6 continuous hours. For these minors, employers are required to maintain break logs to document all paid and unpaid breaks. For more information, please contact the Indiana Department of Labor. Iowa generally does not require private employers to provide employees meal or rest breaks, except as follows:. Kansas Department of Labor. Unless otherwise provided by a contract or collective bargaining agreement, employers must give employees a reasonable lunch period as close as possible to the middle of the employee's shift but in no event less than three hours or more than five hours from the start of the shift.
In addition to the required meal period, employees must be allowed a paid minute rest during every four hours of work, except when break times provided under a collective bargaining agreement equal or exceed this requirement. Please contact the Kentucky Department of Labor for more information. Louisiana generally does not require private employers to provide employees meal or rest breaks, except as follows:.
Louisiana Workforce Commission. Maine Department of Labor. Maryland generally does not require private employers to provide employees meal or rest breaks, except as follows:. The Domestic Workers Bill of Rights provides special meal and rest break rules for domestic employees:.
Michigan generally does not require private employers to provide employees with meal or rest breaks. However, employees who are 17 years of age or younger generally must be provided a minute meal or rest break for every 5 consecutive hours worked. Minnesota Department of Labor and Industry. Mississippi requires private employers to allow employees to use any meal or other break period to express breast milk.
Mississippi Department of Health. Missouri Department of Labor and Industrial Relations. Montana Department of Labor and Industry. Nebraska Department of Labor. Each employer generally must provide an employee who is the mother of a child under 1 year of age with:. If an employer determines that complying with the provisions above will cause an undue hardship considering the size, financial resources, nature, and structure of the employer's business , the employer may meet with the employee to agree upon a reasonable alternative.
If the parties are not able to reach an agreement, the employer may require the employee to accept a reasonable alternative selected by the employer. Note : Employers are prohibited from retaliating or directing or encouraging another person to retaliate against any employee because that employee has exercised her rights under the law or has taken any action to require the employer to comply with the law. Small Employers An employer who employs fewer than 50 employees is not subject to the requirements of the law if such requirements would impose an undue hardship on the employer, considering the employer's size, financial resources, nature, and business structure.
Additional information, including details regarding contractors, is contained in the text of the law. If a domestic service employee resides in the household where he or she works, the employer and domestic service employee may agree in writing to exclude from the wages of the domestic service employee:.
However, if a period excluded from the wages of the domestic service employee under the law is interrupted by a call to duty by the employer, the interruption must be counted as hours worked for which compensation must be paid. Click here for more information. If an employee who is on duty at a residential facility for a group of similarly situated persons who require supervision, care, or other assistance from employees at the residential facility is required to be on duty for 24 hours or more , the employer and employee may agree in writing to exclude from the employee's wages a regularly scheduled sleeping period not to exceed 8 hours if adequate sleeping facilities are furnished by the employer.
If the sleeping period is interrupted by any call for service by the employer, the interruption must be counted as hours worked. If the sleeping period is interrupted by any call for service by the employer to such an extent that the sleeping period is less than 5 hours , the employee must be paid for the entire sleeping period.
Note : Certain personal care services employees may agree not to be paid for a sleeping period. Additionally, if a domestic worker is hired to work for 40 hours per week or more, his or her employer must provide a period of rest of at least 24 consecutive hours in each calendar week and at least 48 consecutive hours during each calendar month.
The domestic worker may agree in writing to work on a scheduled day of rest, but must be compensated for such time under the law. Nevada Office of the Labor Commissioner. New Jersey generally does not require private employers to provide employees meal or rest breaks, except as follows:. Under the state nondiscrimination law, an employer generally must provide reasonable accommodation for needs related to an employee's pregnancy, when the employee based on the advice of her physician requests the accommodation.
In the case of an employee breastfeeding her infant child, the accommodation must include reasonable break time each day and a suitable room or other location with privacy other than a toilet stall close to the work area for the employee to express breast milk. New Mexico generally does not require private employers to provide employees meal or rest breaks.
New York State requires most private employers to provide employees meal and rest breaks as follows:. Additional requirements and exceptions to the information above may apply, including to factory employers.
North Carolina generally does not require private employers to provide employees with meal or rest breaks. However, employees who are 15 years of age or younger generally must be provided a minute rest break for every 5 consecutive hours worked. For more information, please contact the North Carolina Department of Labor.
Ohio generally does not require private employers to provide employees with meal or rest breaks. These include part-time employees who work 20 hours or less a week. It also includes employees who are vitally needed.
Employees in agriculture, mining, or security are exceptions. Professional, Admin, and Executive employees are also excluded. Employers can also get permits from the Illinois Department of Labor allowing employees to voluntarily work 7 consecutive days. Before employers can operate on Sunday, they must post, in a conspicuous place, a schedule listing the employees that are working on Sunday.
This list must also designate the day of rest for each employee. Illinois Department of Labor. Indiana does not require meal or rest breaks unless the employee is a minor. Employers must provide minors one or two rest periods that total 30 minutes. This is applicable when the minor works at least 6 consecutive hours. The required breaks can be taken any point during the shift. Employers must also maintain a record of all paid and unpaid breaks to minor employees.
Indiana Department of Labor. The only exception is for minor employees. Employees who are under 16 years of age must be given a minute break if they work 5 hours or more. Kansas Department of Labor.
Kentucky has a meal break, rest break, and day of rest break requirement. This break can be no earlier than 3 hours from the beginning of the shift. In addition, employees must be provided with a minute rest break during every 4 hours of work. Lastly, employees must receive at least 1 day of rest during every calendar week. Kentucky Department of Labor. Employees in Louisiana who are under the age of 18 must be given a minute meal break.
This is applicable anytime the employee works 5 or more consecutive hours. The meal break can be unpaid. Louisiana Workforce Commission. Maine required both Meal and Rest Breaks What are meal and rest breaks? Employees who work 6 or more consecutive hours must be allowed to take a minute consecutive break. If the employee is completely relieved of duties, then the rest time can be taken as unpaid time. Employers who have 3 or fewer employees on duty at a time are not required to provide this rest period.
However, they must allow more frequent shorter breaks for these employees. Another exception is when the employee fits into certain categories. It also includes certain agricultural employees and taxi cab drivers.
Lastly, it includes commission employees whose hours and places of employment are not substantially controlled by the employer. Maine Department of Labor. First, minors must receive a minute break for every 5 hours worked. Second, the Healthy Retail Employee Act requires that retail employees have a non-working shift break. This includes a minute non-working break when the employee works consecutive hours.
If the employee works more than 6 consecutive hours, then they are entitled to a minute break. Maryland Department of Labor, Licensing and Regulation. In Massachusetts, most employees must be given a minute break after 6 hours of work. Futhermore, most employees must be given a day of rest after working 6 consecutive days.
The day of rest is defined as 24 hours of rest and must include the interval from am to pm. Massachusetts Department of Labor and Workforce Development.
Domestic workers have separate break entitlements. These are contained in the Domestic Worker Bill of Rights. Employers who employ a domestic worker for 40 or more hours a week must provide a rest period of at least 24 consecutive hours each calendar week. They must also provide at least 48 consecutive hours during each calendar month. If possible, that time must allow for religious worship. The domestic worker can voluntarily agree to work on a day of rest.
However, this agreement must be in writing. The domestic worker must also be paid an overtime rate for all hours worked on that day. When a domestic worker does not live on premises and works for less than 24 consecutive hours, then the employer must pay the domestic worker for all hours on the premises. It also includes any time before or after the normal shift needed to complete work.
In addition, that time must include meals, breaks, and sleeping periods unless the worker is free to leave the employers premises. If the domestic worker is free to leave and to pursue personal activities and is relieved of all work activities, then that time does not have to be paid. When domestic workers are required to be on duty for 24 consecutive hours or more, then the employer and worker must agree to exclude a regularly scheduled sleeping schedule of no more than 8 hours from every 24 hours period.
In addition, all breaks, rests, meal periods, and sleeping periods constitute working periods. Employers who employ a domestic worker for at least 16 hours or more a week must provide employees with information regarding Meal and Rest Breaks What are meal and rest breaks?
This includes information about working hours, meal breaks, and time off. It also includes the provisions for the days of rest, sick days, vacation days, personal days, and holidays. In addition, it must include information about transportation, health insurance, severance, and yearly raises.
Lastly, it must include information about whether or not these benefits are paid or reimbursed. Domestic Workers Bill of Rights. Michigan requires that minor employees be given at least 30 consecutive minutes or more for every 5 hours worked. There are no other meal or rest break requirements in Michigan.
Michigan Department of Licensing and Regulatory Affairs. Employees in Minnesota must be given a sufficient break to eat a meal. If the break is less than 20 minutes, then the break must be paid. Employers must provide nursing mothers with an unpaid break each day to express milk for an infant child.
The break can run concurrently with any other breaks the employer provides. Employers must also make reasonable efforts to provide a room or location that is free of a toilet for the employee to express milk.
The location should be in close proximity to work and be private. It must also include access to an electrical outlet. Employees must be given access to a restroom break every 4 hours worked. Minnesota Department of Labor and Industry. Mississippi Department of Health. Missouri Department of Labor and Industrial Relations. Montana has few requirements around meal or break laws. Rest breaks are not required in Montana. However, if the employer provides rest breaks, then that time must be counted as time worked.
Meal breaks must also be counted as time worked. The only exception to this is if the meal break is at least 30 minutes long and if the employee is relieved of all work duties. Montana Department of Labor and Industry. The State of Nebraska does not require any specific meal or rest breaks. Nebraska Department of Labor.
New Mexico does not require any specific breaks, but does requires that any breaks that are less than 30 minutes be paid. New Mexico Department of Workforce Solutions. New Jersey employment law requires that minors must have at least 30 minutes of break time if they work more than 5 continuous hours.
Nursing mothers must be provided with reasonable breaks and a room to express breast milk. The location cannot be a toilet stall. In New Hampshire, employers must provide a minute meal break to all employees who work 5 hours or more.
If a New Hampshire employee works on Sunday, then the employer must give the employee a hour rest during the following 6 days. In addition, employers who operate on Sundays must post a list of the employees required to work on Sundays and when their alternative day of rest break is during the week.
The employer must post the list in the workplace and file it with the New Hampshire Labor Commissioner. There are some employees who are exempt from these break requirements. This includes:. New Hampshire Department of Labor. Nevada requires breaks for meals, rest, nursing mothers, and domestic workers.
Employers must provide employees with at least a minute meal break for every 8 hours of continuous work.
In addition, employees get a minute rest break for every 4 hours worked in a day. Photo by Evan Fitzer on Unsplash. However, there are a few exceptions to Meal and Rest Breaks What are meal and rest breaks? For example, if only one employee is at a specific place of employment, then the employer is not obligated to provide a break.
In addition, any employees covered by a collective bargaining agreement fall outside these requirements. Lastly, if the employee has applied and received an exemption from the Nevada Labor Commissioner based on necessity, then the employer is not obligated. Nursing mother break laws apply to mothers who have a child under the age of 1 year at home. These employees must have a reasonable break time to express milk.
This break can be paid or unpaid. Employers must provide nursing mothers with a place that is not a bathroom. The location must be free from dirt and pollution, protected from the view of others, and free from intrusion. However, if an employer determines that these provisions would cause an undue hardship, then the employer and employee can meet and agree upon a reasonable alternative. When a domestic worker resides in the household of the employer, then the employee and the employer can agree in writing to exclude certain breaks from the wages of the employee.
These breaks include the following provisions:. If an unpaid break is interrupted by the employer, then the interruptions must be counted as hours worked. The employer and employee may agree in writing to have the sleep period excluded. Plus, the employer must provide adequate sleeping facilities. In addition, any interruptions of the sleep period must count as paid working hours. If the interruption causes the sleep break to be less than 5 hours, then the entire sleep period must be paid by the employer.
Domestic workers who work 40 or more hours a week earn a break of 24 consecutive hours per calendar week. Additionally, they get a 48 consecutive hour rest every calendar month.
Nevada Office of the Labor Commissioner. New York has several break laws including meal break laws, breaks for home health attendants, breastfeeding breaks and day of rest breaks. Workers on the set of a music video in New York, New York. Photo by Gordon Cowie on Unsplash. Employees who work during the lunch period must be allowed at least 30 minutes off for a meal break.
Those who start work before am and work until after pm must be allowed a second meal break of at least 20 minutes. In addition, employees who work at least 6 hours between the hours of pm and pm must be allowed a meal break of at least 45 minutes. This break should be between the beginning and the end of the shift. However, in a situation where only one employee is on the job or in a specific occupation, the employee may volunteer to work without a break. The employer must be allow the employee to eat on the job.
If the employee requests a meal break, the employer is obligated. Plus, in certain situations, the New York Department of Labor may permit shorter breaks. This will be in writing and must be posted at the main entrance of the workplace.
The rules for New York home health care attendants is not a law, but an opinion has been issued by the New York State appeals court. In NY, home health care attendants who work at a residence in a hour shift, but does not reside there must be paid for all 24 hours.
This includes any time awarded to the attendant for rest, meal or sleep breaks. In contrast, state minimum wage law does not require home health care workers, who are working hour shifts, to be paid minimum wage for rest and meal breaks. Rest breaks in New York State are not required. However, if the break is shorter than 20 minutes, then it must be a paid break and counted as work time.
Employers must allow employees reasonable break time to express breast milk. This break applies for the first 3 years after a child is born. Breaks can be rest or meal breaks and can be paid or unpaid breaks. Further, employees must be provided with a separate private room to express milk.
The room must be in close proximity to the work area. New York requires a day of rest each calendar week for employees working in certain industries. The day of rest must be at least 24 hours. This applies to employees that work in factories, mercantile establishments, hotels, restaurants, and office and apartment buildings.
New York Department of Labor. North Carolina requires that employees under the age of 16 be given at least a minute rest break after 5 hours of work. There are no other required rest or meal breaks in North Carolina. North Carolina Department of Labor. North Dakota requires all employees who work 5 hours to be provided with a minute meal break.
This applies anytime there are 2 or more employees on duty. If the employee is completely relieved of work duties, then the break can be unpaid. The employment law that requires a day of rest applies to businesses that sell merchandise at retail locations.
The employer cannot require an employee to work 7 consecutive days. In each 7 consecutive days, the employer must provide employees with at least 24 hours of rest. The time off is in addition to other regular periods of rest allowed during each day worked. Unless it would cause a hardship for the employer, the employer must accommodate the religious beliefs and practices of the employees.
Employers must give minor employees a minute break for every 5 consecutive hours worked. This break may be unpaid. Ohio does not have any additional rest or meal break laws. Ohio Department of Commerce. Oklahoma employers must give minors who are under the age of 16 a minute break for every 5 consecutive hours of work. In addition, employers must give employees one full hour of rest for every 8 consecutive hours of work. However, there are no other rest or meal break requirements in Oklahoma.
Employers in Oregon must offer several types of breaks. Oregon employers must provide breaks to non-exempt employees and to minors. Employers must give nonexempt employees a meal break of at least 30 minutes for every shift that is 6 hours or longer.
If a shift is hours long, then the employee earns a break between the second and fifth hours of the shift. If the shift is longer than 7 hours, then the break must be between the third and sixth hours.
In addition, employers must give minors a meal break of at least 30 minutes. This break must be no later than 5 hours and one minute after the minor starts their shift. Furthermore, non-exempt employees must be given a second meal break if their shift is 14 hours or longer.
The meal breaks can be unpaid, but the employee has to be relieved of all work duties. If the employee is not relieved of all work duties, then the meal break must be paid. However, it is important to note, that all employees who are 14 or 15 years of age must be relieved of all work duties during the work break. There is no exception to this requirement. All employees must receive a rest break of at least 10 minutes for every 4 hours worked.
Employers much give minor employees a break lasting at least 15 minutes for every 4 hours worked. Nevertheless, it is important to note that breaks are not optional. Employees may not waive their right to a break. Employers can require nonexempt employees to take all their required breaks.
Employers can also discipline employees for not taking breaks. Employers of domestic workers must provide 24 hours of rest every work week. If the worker agrees to work on the designated day of rest, the employee must pay overtime for those hours. A nonexempt employee working more than five hours in one shift is entitled to one meal period lasting at least 30 minutes. The employer must provide the meal break no later than the end of the fifth work hour. An employee working more than ten hours in one shift is entitled to a second minute meal break.
The employer must provide a second break no later than the end of the tenth work hour. The number of breaks an employee is entitled to receive depends on the hours worked, not the hours the employee was scheduled. For example, if an employee is scheduled for a ten-hour shift, but only works a three-hour shift, the employer does not have to provide a meal break.
An employee working six hours or less in one shift may waive their right to a meal break. Waivers for meal breaks do not need to be in writing, but both parties must consent to the waiver. Employees working through a meal break are not entitled to leave work early. Circumstances of some jobs may prevent employees from taking a meal break. In addition, employers can also require that employees remain onsite during their meal breaks.
In these cases, an employer may provide an on-duty meal break. On-duty meal breaks are paid breaks and must be agreed to in writing by the employer and employee. The employee must be able to revoke the agreement at any time. Employees cannot collect premium payments for missed on-duty meal breaks. In some situations, including on-duty meal breaks, employees may be required to take their meal breaks on-site. In these instances, the employer must provide a suitable place to eat, and the employee must be paid, even if they are relieved of their duties.
If a meal period occurs during a shift beginning or ending at or between 10 p.
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