Avoiding an expensive lunch break: a refresher on employee break law

It’s no secret that lunch or meal breaks provide numerous benefits to employees and employers. Breaks have been shown to increase productivity and stimulate mental focus. Considering how important and healthy breaks are, you might be surprised to hear no federal law mandates them; however, several states have enacted laws requiring breaks. The focus of this article is on federal and Wisconsin laws surrounding rest and meal breaks and how to avoid noncompliance.

Federal law on breaks

There is no federal law requiring employers to give employees breaks. However, if you give employees a break period, then you must comply with the laws described below. Federal law defines two types of breaks: rest breaks and meal breaks.

Rest breaks are short breaks that last five to 20 minutes, are considered worktime, and the employee must be paid. Federal guidance states rest breaks primarily benefit the employer by giving the company reenergized employees. Since rest breaks benefit the employer, they must be paid.

Meal breaks are 30 minutes or longer and don’t need to be paid if the employee is completely relieved from her work duty during this time. She is not relieved from her work duty if she is required to perform any work, whether active or inactive, while eating. For example, an office employee who is required to eat at her desk is considered working while eating and must be paid.

Wisconsin-specific laws on breaks