Paid breaks during the day

Is there any law that says breaks need to be given if an hourly employee works so many hours? If so how long must the breaks be and how often? Are salaried employees required to take breaks?

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  • Not only do you NOT have to give paid breaks, you do not have to provide lunch breaks for any employee over 18 years og age. (that's federal law -- check with your state dept of labor if there is a state law covering this)

    That being said, from an employee relations/safety/personal well-being/mental health standpoint, most organizations provide at least an unpaid lunch if not also some break time.
  • [font size="1" color="#FF0000"]LAST EDITED ON 10-15-02 AT 12:14PM (CST)[/font][p]Whether and when breaks and meal periods have to be given are addressed in state law.

    However, FLSA does identify that short breaks, 5 to 20 minutes, that really don't establish the employee's freedom from the job, do have to be compesnated if they are allowed by the employer. Meal periods that allow the employee to be completely relieved of duty in order to eat the meal, generally running for 30 minutes or more, don't have to be compensated.

    Take a look at the Code of Federal Regulations, 29CFR785.18 and .19:

    [url]http://www.access.gpo.gov/nara/cfr/waisidx_98/29cfr785_98.html[/url]


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