Are temp workers supposed to be paid for 30 mins of meal break?

Question

Federal Labor Law says that a worker is to be paid for 30 mins of non-work time about halfway through shift for each 8 hour day. A 9-5 worker with one hour for lunch gets paid for 7.5 hours if a company's direct employee while a temp is only paid 7 hours.

Answer 1

There is no federal law requiring paid breaks or lunches - see link below, to federal department of labor webpage.

From that page:

"Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks work-time that must be paid. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the break will be punished.

Bona fide meal periods (typically lasting at least 30 minutes), serve a different purpose than coffee or snack breaks and, thus, are not work time and are not compensable."

Most employers do give paid breaks, and some give paid lunch time, but it's not required by law. By the above, if the employer gives short breaks, they must be paid; lunch time does not have to be paid.

Some states might have different requirements: this answer is only regarding federal law.

Answer 2

Lunch breaks are not usually considered paid time.

The two mid-morning and mid afternoon 10 min. breaks are on the clock but lunch breaks (also required by California labor code) is not usually on paid time.

(There was a request last year by some employers with backing of our current governor -wearing his Conservative Hat- to re-write the code to weaken language in the law governing the employee required lunch break. The hearing in the California State Bldg. (San Francisco courthouse) was attended by truckers, restaurant workers, field workers, office workers, union representatives, occupational health & safety representatives fighting for the law. The workers won that round)

With hours from 8 am to 5 pm, with a 1 hr lunch break: I was paid for 8 hrs work.

Answer 3

Unless I'm badly misinformed, I do believe that Federal Labor Law requires a 30 minute paid break if the shift is six hours, and 1 hour for shifts over 8 hours.

Answer 4

Sorry to tell you, but there is NO law stating that. I've been employed now for over 30 years full time, and never got a paid lunch break.

Answer 5

When I worked at my job at a daycare centre this summer, I would get a 15 minute break and a half hour lunch, and I would get paid for 8 hours.

Answer 6

Most places with paid breaks are standard 8 hour-3 shift operations.
You can't easily overlap shifts, so it's easier to pay the breaks than juggle the schedules.
Temps are TEMPORARY---they have to earn the rights of FT workers.

Answer 7

Generally the 30 minutes is taken for breaks and a person is not paid for a lunch break.

Answer 8

I know in our company our employees get a 30 minute lunch - unpaid.

Answer 9

I worked for 46yrs and never got paid for lunch

Answer 10

the law is a 15min break twice daily and 1/2 hour for lunch therefore your 7hr. pay.