Not all workers in the U.S. know their rights regarding meal and rest breaks. Some employers may skip them altogether, but state laws often require these breaks—especially for hourly workers.
1. Federal vs. State Laws
Federal law under the Fair Labor Standards Act (FLSA) does not require meal or rest breaks. However, if an employer offers short breaks (5–20 mins), they must be paid.
2. State Requirements
Some states (like California, Oregon, and New York) require:
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Meal break: 30 minutes unpaid after 5–6 hours
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Rest breaks: 10–15 minutes paid every 4 hours
3. Can Employers Skip Them?
In states with laws, skipping breaks may be illegal. You may be entitled to extra pay or penalties.
4. What You Can Do
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Document missed breaks
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Speak to HR
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File a complaint with your state labor department
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