Protect your rights! Most employees have the right to meal and rest breaks during their shift. Here are the basics.
MEAL BREAK requirements
If you are an hourly non exempt worker, you are entitled to a 30-minute uninterrupted, duty-free meal break when you work more than 5 hours in a workday.
Unless you are relieved of all duty during your 30-minute meal period, the meal period is counted as hours worked which must be compensated at your regular rate of pay.
If your boss requires you to remain at the work site or facility during the meal period, the meal period must be paid. This is true even where you are relieved of all work duties during the meal period.
In general, when you work for more than five hours, a meal period must be provided no later than the end of your fifth hour of work (in other words, no later than the start of the sixth hour of work). If you work for more than 10 hours, a second meal period must be provided no later than the end of your tenth hour of work (in other words, no later than the start of the employee’s eleventh hour of work).
The requirements above are subject to certain waivers by mutual consent.
What if you are not allowed to take breaks
If your employer does not comply with meal and rest break requirements, they are required to pay you 1 extra hour of pay for each workday that the meal break was not provided. In addition, employers must also pay 1 extra hour of pay for each workday that a rest break was not provided.
If your employer fails or refuses to pay the additional pay, or retaliates against you because you asked why you don’t get breaks, you have legal rights available to you and are entitled to compensation.