Understanding Meal Break Violations

Federal Protections

Under the Fair Labor Standards Act (FLSA), employers are not required to provide meal breaks. However, if breaks are offered:

• Bona fide meal periods (typically 30 minutes or longer) need not be paid if the employee is completely relieved of duties.
• Short breaks (usually 20 minutes or less) must be counted as paid work time.

State Law

Many states mandate meal breaks for employees who work a certain number of hours in a shift. Requirements vary, but common provisions include:

• A 30-minute unpaid meal break for shifts over five or six hours.
• Additional meal breaks for longer shifts.
• Protections ensuring employees are relieved of all duties during meal breaks.

Failure to comply with these laws may result in penalties, back pay, or other legal consequences for employers.

• Not providing a legally required meal break for qualifying shifts
• Interrupting or cutting short a required meal break
• Requiring employees to remain on duty or on call during a meal break
• Deducting meal break time from pay when no actual break was taken
• Discouraging employees from taking their entitled meal breaks

 Evidence may include:

• Time records showing missed or shortened breaks
• Testimony from employees or coworkers
• Written policies that fail to comply with state meal break requirements
• Employer practices that pressure employees to skip breaks
• Payroll deductions for meal periods that were not taken

Federal and state laws prohibit employers from retaliating against employees who:

• Assert their right to take legally mandated meal breaks
• File a wage and hour complaint
• Participate in a workplace investigation

Retaliation can include termination, demotion, schedule changes, or other adverse employment actions.

Potential remedies may include:

• Back pay for unpaid wages during missed or interrupted breaks
• Premium pay or penalty wages under state laws
• Attorneys’ fees and litigation costs
• Reinstatement or restoration of lost benefits
• Court orders requiring employers to comply with applicable laws

Employers can reduce risk by:

• Implementing clear policies consistent with federal and state requirements
• Training managers on employee meal break rights
• Ensuring timekeeping systems accurately record meal periods
• Responding promptly to complaints about missed or interrupted breaks

Miller Shah LLP is prepared to evaluate and pursue meal break violation matters on behalf of employees who have been denied legally required breaks or forced to work through meal periods without proper compensation. The firm’s attorneys assess claims under federal and state wage and hour laws and advocate for remedies to address unlawful workplace practices.