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Taking breaks during the workday isn’t just a matter of employee wellness — it’s also a legal issue that employers must navigate carefully. Whether you’re managing a small team or a growing company, understanding the federal and state laws around breaks can help you stay compliant and avoid costly disputes.
Below, we explore everything you need to know about legally mandated office breaks, including types, durations, payment rules, and common mistakes to avoid.
What Are the Federal Laws About Office Breaks?
Under the Fair Labor Standards Act (FLSA), employers are not required to provide meal or rest breaks. However, if breaks are offered, certain rules apply:
- Short breaks (5–20 minutes) must be paid as part of the employee’s work hours.
- Meal breaks (typically 30 minutes or more) do not need to be paid, as long as the employee is fully relieved of duties.
Important Note: Just because federal law doesn’t mandate breaks doesn’t mean you’re off the hook — many states do.
Which States Require Office Breaks by Law?
Many states have their own labor laws that mandate breaks, especially for hourly workers. Here’s a quick overview:
- California: Employees working more than 5 hours must receive a 30-minute unpaid meal break; two 10-minute paid rest breaks for an 8-hour shift are also required.
- New York: Requires a meal period of 30–60 minutes, depending on the shift length and time of day.
- Oregon: Requires a 30-minute meal break and two 10-minute rest breaks for 8-hour shifts.
Each state has different guidelines, so employers must comply with the stricter rule when state and federal laws conflict.
Pro Tip: Use your state’s labor department website to get the most accurate, up-to-date information.
Are Office Breaks Required for Salaried Employees?
In most cases, exempt employees (e.g., salaried professionals) are not entitled to the same break requirements as hourly workers. However, some state laws still apply regardless of classification.
If you offer breaks to hourly staff, it’s a best practice (and often a morale booster) to extend similar policies to your salaried employees even if it’s not required.
Do Remote Workers Still Qualify for Breaks?
Yes. Remote or hybrid employees are still entitled to state-mandated breaks based on their work location. This means if your company is based in Texas but your remote employee lives in California, California labor laws apply to that worker.
Employers should:
- Provide clear remote work policies that include break expectations
- Track hours digitally
- Ensure meal and rest periods are respected
What Happens if You Don’t Provide Breaks?
Failing to provide legally required breaks can lead to:
- Wage claims
- Penalties and fines
- Employee lawsuits
For example, in California, missing a required meal break can lead to one hour of extra pay per day per employee — something that can add up quickly across teams.
How Can Employers Stay Compliant With Break Laws?
Here are some actionable tips:
- Review your state’s labor break laws regularly
- Build break policies into your employee handbook
- Use time-tracking software to log break compliance
- Train managers to enforce and respect break periods
- Include breaks in your onboarding process and HR audits
Consider Wellness Breaks Beyond the Law
While legal compliance is essential, consider offering additional short breaks for:
- Stretching or movement
- Mental wellness apps
- Breathing or meditation exercises
Supporting employee well-being not only prevents burnout but also improves productivity and satisfaction.
Frequently Asked Questions
Are bathroom breaks considered rest breaks?
No. Bathroom breaks are generally treated separately and cannot replace a legally mandated rest break.
Can employees waive their meal breaks?
Some states allow waivers under specific conditions, but they must be voluntary and in writing. In most cases, employers cannot force a waiver.
What if my team prefers to combine all breaks into one?
Combining breaks is only allowed if it meets legal time requirements and doesn’t shortchange the employee. Always consult legal counsel when adjusting break structures.
