Can Employers Force You to Take Meal Breaks?

Many states require employers to compensate you if you work during your break.

When you work a long shift, your employer may offer you a lunch break or other rest period. Such breaks aren't required by federal law, but some states require employers to offer them. In states where these laws exist, employers may be able to force you to take a meal break.

Federal Law

The Fair Labor Standards Act, which governs wage and labor issues in the United States, doesn't require employers to offer meal periods or rest breaks to employees. However, it doesn't prohibit them from requiring meal breaks, either. If an employer offers breaks of 20 minutes or less, he must compensate the employee for the break. However, if the break lasts for more than 30 minutes, federal law doesn't require the employer to compensate the employee.

State Law

Although federal law doesn't require meal breaks, some states require employers to offer them when an employee works a shift that lasts a minimum number of hours. Employers don't typically have to pay employees for these breaks. However, while some states consider these breaks mandatory, others do not. For example, workers in California can choose to work through their meal breaks without pay, while employees in Washington must receive compensation if they voluntarily work during a break.

Implications

If you live in a state where employees must receive compensation when working through a meal period and you wish to waive your breaks, the law typically requires you and your employer to sign a mutual agreement detailing this arrangement. If the employer doesn't agree with the arrangement, he can usually force you to clock out and take a break. However, if you live in a state where the law doesn't require compensation for work during meal periods, employees can usually waive their meal periods without asking the employer to sign anything.

Considerations

Even if you live in a state where employees can waive meal periods without receiving pay, some employers may require you to clock out for meal periods anyway unless you sign a form stating that you voluntarily waived your right to a break. If you work an extremely long shift, some states may require employers to offer you two meal breaks during your shift.

References

• Inside Counsel: California Employers Don’t Have to Force Meal Breaks; Cathleen Flahardy
• California Workplace Law Blog; Employers Receive Another Positive Meal Period Decision From an Appellate Court; Jonathan Siegel
• U.S. Department of Labor: What Does the Fair Labor Standards Act Not Require?
• Washington State Department of Labor and Industries: Breaks and Meal Periods
• California Department of Industrial Relations: Meal periods
• GPO Access: Electronic Code of Federal Regulations -- Title 29 - Labor