Lunch Breaks
Gar
347 Posts
Is there a federal law that states when employees must be allowed to take lunch breaks?
Comments
employee must have a thirty (30) minute unpaid rest break or meal period if
scheduled to work six (6) hours consecutively; except in workplace environments
that by their nature of business provide for ample opportunity to rest or take
an appropriate break. Such break shall not be scheduled during or before the
first hour of scheduled work activity." A similar provision is found in
Tennessee's child labor law---without the exception. In other words, a minor is
entitled to a 30-minute break if he or she works six consecutive hours---period.
The Tennessee Department of Labor (which has responsibility for the enforcement
of this law) has taken the position (at least informally) that as long as an
employee has a chance to take a break or sit down and rest every so often, then
an employer will fit within the exception noted in the above statute. As an
example of this, the Department has said that a server in a restaurant would
ordinarily be the kind of employee who works in an environment that by its
nature provides "for ample opportunity to reast or take an appropriate break."
It would appear, therefore, that unless you have employees working at a job
which requires them to stay at it for six solid hours, you probably do not have
to worry about the rest break or meal period talked about in the above statute.
Let me know if you have other questions.