Do you have to give breaks to restaurant employees?
Federal Law
The federal Fair Labor Standards Act (FLSA) does not require employers to provide meal breaks or rest breaks to adult employees. However, if you choose to offer short breaks (usually 5-20 minutes), federal law considers them compensable work time and you must pay for them. Bona fide meal periods (typically at least 30 minutes) where the employee is completely relieved from duty can be unpaid.
Even though breaks aren't federally mandated, many restaurant owners offer them to keep staff productive and reduce turnover. If you do provide breaks, make sure you follow your own policy consistently to avoid legal issues.
State Laws
Many states have specific break requirements that apply to restaurant employees. For example, California requires a 30-minute unpaid meal break for shifts over 5 hours and two paid 10-minute rest breaks for shifts over 6 hours. New York requires a 30-minute unpaid meal break for shifts that start before 11 a.m. and extend past 7 p.m. Other states like Illinois, Colorado, and Washington have their own rules.
Some states also have special rules for minors. For instance, many states require breaks for employees under 18 after a certain number of hours. Always check your state labor department's website for the most current requirements.
- California: Meal break for shifts >5 hours; rest breaks for shifts >6 hours.
- New York: Meal break for shifts starting before 11 a.m. and ending after 7 p.m.
- Illinois: Meal break for shifts of 7.5 hours or more, starting no later than 5 hours in.
- Colorado: Meal break for shifts >5 hours; rest breaks for shifts >4 hours.
- Washington: Meal break for shifts >5 hours; rest breaks for shifts >4 hours.
Common mistakes
- Assuming federal law requires breaks for all employees—it doesn't for adults.
- Forgetting that short breaks (under 20 minutes) must be paid.
- Not checking state law, which can be stricter than federal law.
