Is it true that an employer must provide 2 15 minute breaks and a 30 minute lunch hour for every 8 hours worked?

UPDATED: Sep 30, 2022

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Is it true that an employer must provide 2 15 minute breaks and a 30 minute lunch hour for every 8 hours worked?

There is some question as to how much time a person is allowed to break and lunch by law, either federal or states

Asked on March 23, 2016 under Employment Labor Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

 Federal law does not require lunch or rest breaks. However, if an employer chooses to offer short breaks (up to 20 minutes), federal law considers the breaks as compensable work hours (i.e. paid time) that must be included in hours worked during the work week; breaks over 20 minutes are not work time and are not compensable. The only exception to the no break rule is that under federal law, employers are required to provide employees with reasonable breastfeeding or pumping breaks. And note, a union contract or employment agreement may include provisions about breaks that exceed federal/state/labor laws. As for state law, the will control over federal law. However, some states (such as FL) follow federal law.

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