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Under federal law (the Fair Labor Standards Act, or FLSA), there is no requirement that employees be given a break at all. The only thing federal law says is that IF an employer is going to give a break, AND he/she wants to deduct that break time from an employee's pay, then the break MUST be of sufficient duration to completely relieve the employee of his/her duties, which is usually 25-30 minutes or more. So whether or not to give a break at all, and if so, how long into the shift to give it, is completely up to the employer's discretion. Look at Title 29, Code of Federal Regulations, Part 785 for more information, or you can also call 1-866-4US-WAGE or go to www.dol.gov.

Your state may have more restrictive regulations, though. Call your local labor department or the Lieutenant Governor's office - both numbers should be available in the blue/government pages of your local telephone book.

Hope this helps.

2007-01-11 06:41:03 · answer #1 · answered by Poopy 6 · 0 0

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