The employer can choose when to schedule the meal break. The worker has the right to an additional thirty-minute meal period whenever they would be required to work five more hours after the last meal period.įor example, if Joe's work shift starts at 8:00 AM and ends at 5:00 PM, his employer must allow him to take a meal break between 10:00 AM and 1:00 PM. Non-agricultural workers who work a shift of more than five hours have the right to take a thirty-minute meal break between the second and fifth hour of the shift. However, the three-hour rule and the intermittent-break rule do not apply to agricultural workers. In circumstances like those, the employer does is not required to give you ten minutes back-to-back.Īgricultural workers have a similar right to a ten-minute rest period for every four hours of work. For example, some office jobs allow you to step away and attend to personal business, as necessary. The rest break does not have to be ten-continuous minutes if your job allows you to do these sorts of activities for ten or more minutes every four hours. This is an opportunity to do things like use the restroom, go to the water fountain, eat a snack, stretch your legs, go to the break room and sit down, or make personal phone calls. They cannot deduct the time from your wages!Īlthough an employer can keep you at the worksite, they must allow you completely stop doing your work. These rest breaks must be paid for by the employer.
Rest breaks must be scheduled so that you never work more than three hours in a row without a break. That means any shift less than four hours should allow you to take one rest break, shifts between four and eight hours should allow two rest breaks, and so on. Non-agricultural workers have the right to a ten-minute break for every four hours of work.
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