Under federal rules, employer-provided short rest periods of about 5 to 20 minutes count as hours worked. A bona fide meal period is ordinarily 30 minutes or more and may be unpaid only when the employee is completely relieved from duty.
01Paid break or unpaid meal period?
| Situation | Typical federal treatment | Time-card action |
|---|---|---|
| 15-minute rest break | Compensable hours worked | Keep as paid time |
| 30-minute meal, fully relieved | May be noncompensable | Deduct if properly unpaid |
| Lunch while answering calls | Employee is not completely relieved | Keep as worked time |
| Meal frequently interrupted for work | May be compensable | Do not assume a deduction |
| State-required rest period | State rule controls additional rights | Check the state labor agency |
02Short rest breaks are work time
29 CFR § 785.18 describes rest periods from 5 minutes to about 20 minutes as common and says they must be counted as hours worked. An employer cannot turn a provided 15-minute rest period into unpaid time merely by changing its label.
One unpaid lunch and two paid rests
- Elapsed shift: 8:00 AM–5:00 PM9:00
- 30-minute bona fide meal−0:30
- Two 15-minute paid restsremain included
- Total hours worked8:30
03An unpaid meal requires relief from duty
Under 29 CFR § 785.19, a bona fide meal period does not include a coffee break or snack break. The employee must be completely relieved from duty for the purpose of eating. An employee required to perform active or inactive duties while eating is not relieved; leaving the premises is not required when the employee is otherwise duty-free.
The employee can eat without monitoring a phone, machine, customer or assignment.
The employee must answer calls, assist customers or keep working while eating.
04Federal law is not the whole answer
The FLSA does not itself require ordinary meal or rest breaks, but states can require them and can set timing, duration, coverage and waiver rules. The Department of Labor maintains state tables, but advises checking the responsible state labor office for current official information.
Thirty minutes is not automatically unpaid, and a short break is not automatically optional under state law. Duties, interruptions, occupation, age, agreement and location can matter.
Record each break separately
Mark paid and unpaid breaks independently so the weekly total shows both.
Common questions
Can a 15-minute break be unpaid?
Under the federal rule, employer-provided short rest periods from about 5 to 20 minutes must be counted as hours worked.
Must an employee leave the building for lunch to be unpaid?
No. Federal regulation says leaving the premises is not necessary if the employee is otherwise completely relieved from duties.
What if an unpaid lunch is interrupted?
Work interruptions can make the time compensable. Record the actual circumstances and consult the applicable federal, state and workplace rules.