To remain in compliance with the Fair Labor Standards Act (FLSA), employers are not required to provide employees with rest or meal breaks. However, many states have established rules surrounding break times and many employers choose to offer them even if they aren't guaranteed.
Generally, rest breaks are considered compensable
time attendance, while meal breaks are not. For example, employers in California must offer workers a paid 10-minute break for every four hours worked, while meal breaks are not paid unless the employee cannot be relieved from all of their duties during the allotted time.
If a state has a provision for meal and break rests, businesses must abide by these standards even though the FLSA does not include provisions. In addition to California, Colorado, Illinois, Kentucky, Minnesota, Nevada, Oregon and Washington all include paid break measures in their state labor laws.
To ensure these time periods are accurately accounted for, businesses can use a
timeclock that allows employees to punch out at the beginning of a meal break and clock in when they return to work.
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