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ARTICLE · 16 MAY 2024

Wage And Hour Update: Meal And Rest Breaks

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In the last few years, meal and rest break violations have become a popular source of workplace class and collective action litigation.

United StatesEmployment and HR
Mark Wallin
Mark Wallin
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In the last few years, meal and rest break violations have become a popular source of workplace class and collective action litigation. This is especially so under California law, but also under the Fair Labor Standards Act (FLSA). Businesses are always well-served by regularly auditing their wage and hour practices, given the highly technical and ever-changing nature of such laws. Meal and rest period issues are no different. Here are some things your business should look for in order to maintain compliance with break issues.

How FLSA Handles Breaks

Unlike many state laws (looking at you, California), federal law is comparatively simple. At bottom, what businesses need to know is that they must pay employees for all time worked, and if short breaks are offered (lasting between five and 20 minutes), those breaks are compensable under federal law. If an employer provides a meal break, this break need not be paid, but it must be longer than 20 minutes. This is

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