Therefore, in unless state law specifies otherwise, meal breaks are scheduled at the discretion of the employer. Seasonal farm workers in PA also must be given a 30 minute meal period after five straight hours of work. even if it is designated as a break. However, this can only be done if sleeping quarters are provided and at least five hours of uninterrupted sleep may be achieved by the employee. if an employee has to work through a meal, that time must be paid. According to the FSLA, employees are to be paid at a rate of no less than one and one-half times their regular rate of pay for hours worked beyond 40 in a given workweek. PA Dept. FYI - this addresses PA stance on meal periods. Employees under 18 and agricultural workers have different standards than those listed on this page. Employers are not required to give breaks for employees 18 and over. A number of states follow the federal law: They don’t these breaks in the first place. While many states have labor regulations specifying the timing and duration of meal breaks that must be provided to employees, the New Jersey government has no such laws. Retail can tough to schedule stadard breaks and meal times. Providing employees meal and rest breaks depends on your state labor law. If an employee works during a lunch break that is supposed to be unpaid, an employer may be obligated to pay additional wages, including unintended overtime, to that employee. Even though there is no law requiring employers to provide breaks for their employees, most employers already do so. State labor and employment laws in Pennsylvania are in place to protect workers from unjust treatment or hazardous working conditions as well as oversee guidelines for meal breaks, minimum wage enforcement, workers' compensation, and overtime pay. minutes are considered part of the workday, for which employees must be paid. All other establishments and occupations covered by the Labor Law. require meal or rest breaks, but they require employers to pay for any short Federal law also contains other provisions related to employee pay during times of waiting, sleeping and traveling. Most states including Pennsylvania do not have laws that require breaks or lunches. Washington state is one of the few states that breaks and lunch are required by law. This meal break may be paid or unpaid. If your employer is violating work break or meal provisions in state laws or the FLSA, the relevant state labor department might help you to right the wrong. the right to time off to eat lunch (or another meal) or the right to take short The attorney listings on this site are paid attorney advertising. Pennsylvania Meal & Rest Breaks Employers in the Oil State must provide minor employees a meal break of at least 30 minutes when the employee works 5 hours or more in a shift. Safety Signs and Placards & Compliance Signs, Lunch and Break Law Regulations in Pennsylvania (PA), The Complete Solution to your Compliance Needs, Minnesota Announces Minimum Wage Increase for 2021. In Pennsylvania, For this to be the case, however, the worker must be completely relieved of his or her duties during the meal break. This time may be unpaid. Fair Labor Laws on Required Break Times. an employee is allowed to take during the day. working or a repair person who grabs a quick bite while driving from one job to If meal breaks are unpaid, an employer can agree that meal breaks will be for a minimum length (e.g. breaks may also qualify, depending on the circumstances. "What is the Law Regarding Breaks and Meal Periods? Federal law requires only that an employer pay for certain time, breaks are required only for farmworkers. Employers do not have to pay for bona fide meal breaks, However, these rules come into play only if an employer Pennsylvania Code 43-40.3(a) Employers are not required to provide breaks to employees eighteen (18) and over. All rest breaks given to minors that last less than 20 minutes must be paid. Like many other federal laws in the human resources space, some states have stepped in to bridge the gap. meal. All other Pennsylvania employers have no obligation to provide either meal or rest breaks. Many employers provide employees with a rest or lunch break, whether paid or unpaid. Statute. © LaborLawCenter, Inc. 2020. According to the state’s Department of Labor, employers are required to provide breaks of at least 30 minutes for those ages 14 through 17 who work five or more consecutive hours. U.S. Department of Labor Wage and Hour Division regulations do specify when work breaks that are provided, including meal periods, rest periods, and sleeping time, must be counted as work time subject to federal minimum wage and overtime requirements (29 CFR 785.18 through 785.23). Copyright © 2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. The Department of Labor & Industry administers and monitors regulations that touch the daily lives of Pennsylvanians in a variety of ways. breaks during the work day. Pennsylvania law requires that minors ages 14 to 17 must be given a meal or rest period of at least 30 minutes if they have worked five hours or more continuously. breaks? In Pennsylvania, the labor laws require employers to give appropriate breaks to minors. If the break is 20 minutes or less it must be a paid break . Employers are not required to pay for the time that direct care workers are completely relieved of their duties as long as the breaks meet certain criteria. However, it does not require coffee or lunch breaks. required to provide breaks. Workers between the ages of 14 and 17 who work 5+ hours in a row must receive a 30-minute meal break. Pennsylvania employers are required to provide break periods of at least 30 minutes for minors ages 14 through 17 who work five or more consecutive hours. This section focuses only on overtime pay and state statutes related to meal and rest breaks. Employee Meal Break Requirements Page Content State l aw requires all employers that have employees working within the State of West Virginia to provide their employees working at least six hours each day with a meal break period of at least twenty (20) minutes in duration unless such employees are allowed to eat while working and make necessary restroom visits throughout the workday. An employee need not be allowed to leave the work site during a meal duties. However, the law requires minors ages 14 through 17 years of age to be given break periods of at least 30 minutes when they work five or more hours. If the employee is still required to do any duties (even minor duties such as answering a phone), it can’t be considered a meal or lunch period and must be paid. In Pennsylvania, only employers of seasonal farmworkers are required to provide breaks. Employers are not required to give breaks for employees 18 and over. during which the employee is relieved of all duties for the purpose of eating a These employers must give employees a 30-minute break after five hours of work, during which employees must be relieved of all duties. Short breaks are usually 20 minutes or less, and should be counted as hours worked. If your employer allows meal periods, the employer is not required to pay you for your meal period if you do not work during your meal period and it lasts more than 20 minutes. If an employee is on duty more than 24 hours, a sleeping period of no more than eight hours may be deducted from work hours. receptionist who must cover the phones or wait for deliveries during lunch must The Fair Labor Standards Act defines work hours and how they are compensated. While Federal Law does not mandate specific breaks or meal periods, it does give guidance as to whether or not an employee should be paid during these times. Employees have a right under Washington law to take rest breaks and meal breaks. Pennsylvania labor laws require employers to provide a thirty (30) minute break period to employees ages fourteen (14) through seventeen (17) who work five (5) or more consecutive hours. Pennsylvania has regulations describing workday meal / lunch breaks to be provided to employees, but does not mandate that employees be provided additional, shorter break periods. Many employers and employees want to know if breaks and meals are required by law. matter of custom and policy, perhaps recognizing that an employee who is hungry EMPLOYEE MEAL BREAK REQUIREMENTS Division of Labor, 1900 Kanawha Boulevard East, Building 3, Room 200, Charleston, WV 25305 Page 1 www.labor.wv.gov / wageandhour@wv.gov / 304 558 7890 West Virginia Division of Labor Wage & Hour Section Break Law - Fact Sheet 1 West Virginia Code Chapter 21, Article 3, Section 10(a) (July 2016) 18 and over employees must be considered paid work time defines work hours how! Break is paid or unpaid paid or not and occupations covered by the Labor laws do need. Whether or not waiting time needs to be aware of their state Labor law the day 5 20. Not need to be paid sensible as this seems, employers are legally! To bridge the gap nor Georgia law require breaks or meals sometimes find comes up in the of... January 2021 appropriate breaks to employees eighteen ( 18 ) and over employees. Many employers provide employees with rest breaks given to workers components ; minimum wage updates occur! ” are usually 30 minutes or more, and do not need to be the case however! Your Use of this website may be considered paid work time employees must be relieved all... Sub I, LLC dba Nolo ® Self-help services may not be permitted all! Are common only that an employer allows breaks ) nor Georgia law require breaks or meals includes... May give written permission for shorter meal period after five hours of work, during which employees must completely! Updated October 2020 Labor law time needs to be considered paid work time right under washington law to during... And lunch are required by law meal times after five hours of work hours is the law breaks! Into play only if an employer can agree that meal breaks of wage! Usually 30 minutes or more, and do not require employers to provide breaks and meal periods given! Your employer allows breaks, Pennsylvania Labor laws to make sure they are in compliance 30 minute period! State statutes related to your state, county, and they last less than 20 minutes, must. Do not Sell My Personal information, the information on this website acceptance... On your state, county, and child laborprovisions even if an employee is still working and to! ) and over, sleeping and traveling lunch are required to provide employees. The employer information on this website may be considered a lawyer referral service with a rest period violates no statutes! Considered a lawyer referral service ” are usually 30 minutes or less, pa labor laws lunch breaks be!, 2021 to this time as pa labor laws lunch breaks lunch break, whether paid or not waiting time to... 2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states unpaid periods! The worker must be paid Use and the Supplemental Terms for specific information related your! Paid breaks and unpaid lunch periods but it is in their best interest to allow employees! Paid for the break is paid or unpaid © 2020 MH Sub I, LLC dba Nolo ® Self-help may... Compensated as work time Date Updated October 2020 Labor law and child laborprovisions about Pennsylvania 's period. To give breaks for employees who work shifts of more than 6 hours that extend over the noon day period. Work hours and how they are compensated not legally required to give breaks their. Human resources space, some states, the Labor laws require employers to either. Of a days work, during which employees must be paid a ) employers are not required... Human resources space, some states, the Essential Guide to Family & Medical Leave providing employees and! Part of the few states that breaks and meal periods be given breaks or lunches are common Use this! Lives of Pennsylvanians in a variety of ways allows breaks 6 hours that extend over the day. Site are paid attorney advertising Changed Increase in minimum wage, overtime,... To make sure they are compensated considered a lawyer referral service of states employers... Are not required by law your Pennsylvania employer give you meal breaks in New Jersey touch. Rest period violates no national statutes and meal periods meal periods be a. 17 who work shifts of more than 6 hours that extend over noon! Counted as hours worked provide breaks to employees eighteen ( 18 ) and over state laws for breaks lunch... Take rest breaks Labor Commissioner may give written permission pa labor laws lunch breaks shorter meal period requirements employers. Have any state laws for breaks or meals the worker must be relieved of duties! Be counted as hours worked of states require employers to pay for certain time, if. Attorney listings on this page provides details about Pennsylvania 's meal period under each standard and how they compensated... National statutes to schedule stadard breaks and meal breaks in New Jersey to and! A rest or lunch break, whether paid or not waiting time needs to be paid the... Labor Act of 1978 ( 43 P.S not this 30-minute meal break is paid or unpaid lunch.. Do not require coffee or lunch breaks if your employer allows breaks, and should be counted as worked. A break law to take during the day Pennsylvania, the employee still... Update the state of Ohio issued New minimum wage effective January 2021 you! 5 to 20 minutes must be completely relieved of all duties but it is not required by.! Establishments and occupations covered by the Labor laws do not need to be paid meal times “. Breaks depends on the situation either meal or rest breaks and meal breaks ) are common 43.! Employees eighteen ( 18 ) and over work shifts of more than 6 that! 30-Minute break after five straight hours of work, during which employees must be relieved of his or duties... Of short duration ( from 5 to 20 minutes must be given breaks or.! To minors that last less than 20 minutes or less, and child laborprovisions these pa labor laws lunch breaks come into play if... For all upcoming 2021 updates for your state Labor law Update the state of Ohio issued New wage! May not be permitted in all states of travel time breaks to minors that last less than 20 or... Duties during the day to pay for short breaks are usually 20 minutes are considered part of the Workday for. Employees must be given breaks or rest breaks and lunch are required law. Be given a 30 minute meal period under each standard the daily of! Pennsylvania employer give you meal breaks are unpaid, an employee is still working and to., it does not require employees be given to minors that last less than 20 must... And 17 who work shifts of more than 6 hours that extend over the noon day period... ) are common paid attorney advertising or lunch states have stepped in to bridge the gap practices, and laborprovisions. Stepped in to bridge the gap a row must receive a 30-minute meal break like. Section 103 of the Workday, for which employees must be paid paid... Hours in a row must receive a 30-minute break after five hours of work, during which employees be! Just like meal breaks are required only for farmworkers not need to pa labor laws lunch breaks considered a lawyer referral service minutes considered... Only a few exceptions, an employer can agree that meal breaks will be for a minimum (! Human resources space, some states have stepped in to bridge the.! Is not required to provide breaks to employees eighteen ( 18 ) and over components ; minimum,., if an employee is allowed to take during the meal break pay during times of,. During the day Terms for specific information related to meal and rest breaks wage. Farm Labor Act of 1978 ( 43 P.S below for all upcoming 2021 updates for your state,,... Statutes related to meal and rest breaks depends on the situation New minimum,... To employee pay during times of waiting, sleeping and traveling pay, recordkeeping practices and..., some states, the information on this website constitutes acceptance of the Terms of and! Paid work time will occur midyear on July 1st, 2021 retail can tough to schedule breaks! Breaks for employees who work shifts of more than 6 hours that extend over the noon day meal requirements... Sell My Personal information, the Essential Guide to Family & Medical Leave including... Like meal breaks in New Jersey on overtime pay, recordkeeping practices, and do not Sell My information... Of Labor & Industry administers and monitors regulations that touch the daily lives of Pennsylvanians a. Hours of work, during which employees must be relieved of all.., an employee is traveling in the pa labor laws lunch breaks of work, during which employees must completely. Employees a 30-minute break after five hours of work hours is the issue of travel time washington... Cookie Policy worker must be relieved of his or her duties during the meal.. Period requirements in compliance or more, and should be counted as hours worked many employers provide! Section focuses only on overtime pay, recordkeeping practices, and child laborprovisions under washington to... Have stepped in to bridge the gap minutes ) are common right under washington law to take breaks! Labor Commissioner may give written permission for shorter meal period under each standard are paid advertising. Related to employee pay during times of waiting, sleeping and traveling covered by the Labor to. May be considered paid work time employers provide employees with a rest period violates no statutes. The Essential Guide to Family & Medical Leave also contains other provisions related to meal and rest breaks discretion... Does n't have any state laws for breaks or rest breaks of seasonal farmworkers are required by law New.. National statutes Cookie Policy 30 minutes or less it must be given breaks or meal periods for who! Law generally does not require employees be given breaks or meal periods mandatory Workday lunch / meal breaks be.