Understanding Rest Break Violations

Federal Laws

Under the Fair Labor Standards Act (FLSA):

• Rest breaks lasting 20 minutes or less are considered compensable work time and must be paid.
• Employers cannot deduct short rest break time from employees’ pay.

State Laws

Many states have stricter rest break requirements, including:

• Mandating 10-minute paid rest breaks for every four hours worked
• Requiring additional breaks for longer shifts
• Specific break schedules for minors or certain industries

• Failing to provide required paid rest breaks under state law
• Forcing employees to work through rest breaks without pay
• Deducting time for rest breaks that were never taken
• Discouraging employees from taking breaks they are entitled to
• Not providing extra breaks required by state regulations for certain job types

 Evidence may include:

• Time records showing missed or unpaid breaks
• Payroll records reflecting improper deductions
• Written policies that fail to meet state rest break requirements
• Witness testimony from coworkers about break practices

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

• Request or take legally required rest breaks
• File a wage and hour complaint
• Participate in a labor investigation

Retaliation can include termination, demotion, reduced hours, or other adverse actions.

Potential remedies may include:

• Back pay for unpaid break time
• Premium pay or penalty wages under state law
• Attorneys’ fees and litigation costs
• Court orders requiring employers to comply with break laws

Employers can reduce risk by:

• Understanding and following state-specific rest break requirements
• Ensuring breaks are properly scheduled and uninterrupted
• Keeping accurate time records for all breaks taken
• Providing clear written policies on employee break rights

Miller Shah LLP is prepared to evaluate and pursue rest break violation matters on behalf of employees whose legal rights to rest breaks have been denied. The firm’s attorneys assess claims under federal and state wage and hour laws and advocate for remedies to address unlawful break practices.