States have varying meal break laws, so be sure you know yours

Q         Are there any exceptions to meal and rest break requirements, and are there meal penalties for not allowing staff to take proper breaks? Can we allow employees to waive their meal breaks if they work six hours instead of eight?

This question is mainly controlled by state law. Federal law, for its part, is relatively straightforward: The Fair Labor Standards Act (FLSA) doesn’t require meal or rest breaks. But state laws concerning meal and rest breaks vary widely across the country.

Some states lack any laws concerning meal and rest periods. Instead, they defer to the barebones FLSA requirements. Idaho law, for example, doesn’t mandate meal and rest breaks for employees. Therefore, Idaho employees are entitled only to breaks or meal periods insofar as the employer’s policy provides them. Likewise, an Idaho employer can implement a policy that dictates how (or whether) an employee may waive their meal or rest breaks. While this is strictly a matter of employer policy, it’s best practice to require such waivers to be in writing.