Meal Breaks

The FLSA does not require that an employer provide the employee with lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), the FLSA requires that this time be considered work time for which pay is required and which will be included in determining if overtime was worked.

Bona fide meal periods (typically lasting at least 30 minutes), are not work time and are not compensable, as long as the employee is truly relieved of all duties. A lunch break where the employee must still answer the telephone or perform other duties, even if in a limited manner, constitutes work hours for which pay is required and which will be included in determining if overtime was worked. 29 C.F.R. § 785.19. The meal break is a frequent FLSA violation.