![]() Employees can only be required to remain on the premises or work site during their meal period if they are completely free from work duties. Unpaid meal periodsĮmployers are not required to pay for a meal break if an employee is free from all duties for their entire break. Work performed during meal breaks is considered “hours worked” when calculating paid sick leave and overtime. The entire meal period must be paid regardless of the number of interruptions. They are called back to work, interrupting the meal period.Įmployees who are required to work or remain on duty during a meal break are still entitled to 30 total minutes of mealtime, excluding interruptions.The employer requires them to remain on-call on the premises or work site in the interest of the employer, even if they are not called back to duty. ![]() Paid meal periodsĮmployees must be paid for meal breaks if: A meal period must be at least 30 minutes long and start between the second and fifth hour of the shift.ĭepending on the length of the shift and the timing of the meal period provided, employees may also be entitled to additional meal periods. ( DOSH Directive 5.98) Meal PeriodsĮmployees must be allowed a meal period when they work more than five hours in a shift. Employers cannot restrict use of bathroom or toilet facilities to rigid time schedules (e.g., only during scheduled breaks), or impose unreasonable time use restrictions. Restroom breaksĮmployees must be provided “reasonable access” to bathrooms and toilet facilities. Health care workers may also have specific meal and rest period requirements. Nursing mothers may have additional rights under federal law. These “mini” rest breaks must total at least 10 minutes over a 4-hour period. In some jobs, “mini” rest breaks can be taken instead of a scheduled rest break. ![]()
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