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Union collective bargaining agreements may also provide for breaks from work. For example, an employee could be given a 30-minute lunch break (unpaid) and two 15-minute breaks (paid) during each eight-hour shift. For example, an employee might receive a 15-minute break after every 3 hours of work.
This common practice is not required everywhere, however: The federal wage and hour law, called the Fair Labor Standards Act (FLSA), doesn't require employers to provide meal or rest breaks. your break lasts 20 minutes or less; generally, these shorter breaks are considered part of your work day and must be paid.
Rest breaks: Only nine states require any rest breaks. California, Colorado, Kentucky, Nevada, Oregon and Washington require 10 minute breaks for every 4 hours of work. Minnesota and Vermont require reasonable bathroom breaks.
In general for these states, working eight hours straight without a paid break is illegal. Employers who violate state laws are subject to fines and sanctions. States not on this list don't mandate paid rest periods, but they may mandate unpaid ones.
The employer cannot require an employee to work 7 consecutive days. In each, 7 consecutive days, the employer must provide employees with at least a 24 hours day of rest break. The time off is in addition to other regular periods of rest allowed during each day worked.
In general, you are entitled to a 15 minute break when you have worked for 4 ½ hours. If you work more than 6 hours you are entitled to a 30 minute break, which can include the first 15-minute break. There is no entitlement to be paid for these breaks and they are not considered working time.
Making Employees Clock Out for Rest Breaks The law states that if you offer a break that's 20 minutes or less, you have to pay the employee for that time. FLSA requires breaks under 20 minutes to be included in overtime calculations. So it's best not to require employees to clock out for rest breaks.
Federal law says that breaks of 20 minutes or less must be paid. Under California law, which is more generous to employees than federal law, non-exempt workers are entitled to 10 minute paid rest breaks for every four hours worked, and a 30-minute unpaid meal break if you work more than five hours in a single workday.
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