Employers are not required by federal time and attendance law to offer employees short rest periods during the work day. However, those who do offer such breaks - which typically last between five and 20 minutes - are required under the Fair Labor Standards Act to consider these time periods as compensable work hours that contribute to overtime determination and wage accrual, according to the Department of Labor. The logic behind this is that short breaks "promote the efficiency of the employee."
Meal periods that last at least 30 minutes are legally different from coffee or snack breaks in that they are not considered work time and are thus not compensable.
Waiting time and on-call time is treated differently. Unpredictable periods of inactivity on and off company premises are covered due to the fact that the employee is unable to use the time for his or her own purposes because it is controlled by the employer.
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