what is the labor law for paid breaks while on the job in USA?

Question

paid or without paid.. what is the minimum amount of hours you work before you get a break

for example. I work 8 hours. How much breaks should i get and how long?

i live in CA

Answer 1

Federal law does not require breaks or lunches after a certain number of hours, either paid or unpaid. If short breaks (5-20 minutes) are given, they must be paid. Lunches (typically 30 minutes or longer) do not have to be paid. See http://www.dol.gov/dol/topic/workhours/breaks.htm

Some states have laws requiring breaks or lunches after a certain time. State law can require MORE than federal law does, but can't permit less - if they do, the federal law overrides them.

Answer 2

It depends on your age and what state you are in. For example, I'm in Virginia. The labor laws (according to VA's dept. of labor) are this:

Does an employer have to provide employees breaks or a meal period?
No, unless the employee is under the age of 16.

Are there any restrictions as to how many hours an employee can be required to work or when he may work?
No, not after an employee attains his 16th birthday.

Now, if you are 14-15 the laws are different, but I won't get into those. As far as breaks go: Must be given a 30-minute rest or meal period after 5 hours of continuous work.

So basically, if unless you are under the age of 16, and working in Virginia, your employer is NOT REQUIRED to give you a break or meal period.

Answer 3

I'm not sure of labor law. Usually I've gotten 1/2 hour for every 8 hours (or 15 minutes for 4 hours (paid or unpaid) . I believe this must be law or otherwise the company I worked for wouldn't have done it...they did only what they HAD to do for employees. It was not paid...and we actually would get in trouble if we didn't take it. And they would watch our timecards to make sure we didn't take too much or too little....so I figure it was law.

Answer 4

It depends on what industry you work in. Generally there is a 10-minute paid break for every four hours of work, and a 30-minute unpaid meal break for every 5 hours worked.

However, certain jobs (firefighters, oil rig workers, etc.) have different meal and rest requirements. There should be a place at your work where all of the legal regulations, etc., are posted. Look for something called a wage order - it's a poster-sized paper, usually in a color (green, blue, orange, etc.) There should be a subheading called "meal and rest periods" which will tell you what the rules are for your industry.

Answer 5

California


Paid 10-minute rest period for each 4 hours worked or major fraction thereof; as practicable, in middle of each work period. Not required for employees whose total daily work time is less than 3 and ½ hours.


Administratively issued Industrial Welfare Commission Orders.


Uniform application to industries under 15 Orders, including agriculture and household employment.
Excludes professional actors, sheepherders under Agricultural Occupations Order, and personal attendants under Household Occupations Order.


Additional interim rest periods required in motion picture industry during actual rehearsal or shooting for swimmers, dancers, skaters or other performers engaged in strenuous physical activity.
Under all Orders, except for private household employment, Division of Labor Standards Enforcement may grant exemption upon employer application on the basis of undue hardship, if exemption would not materially affect welfare or comfort of employees.

Colorado


Paid 10-minute rest period for each 4-hour work period or major fraction thereof; as practicable, in middle of each work period.


Administratively issued Wage Order for 7 industries.


Applicable to retail trade, food and beverage, public housekeeping, medical profession, beauty service, laundry and dry cleaning and janitorial service industries. Excludes certain occupations, such as teacher, nurse, and other medical professionals.




Illinois


Each hotel room attendant -- those persons who clean or put guest rooms in order in a hotel or other establishment licensed for transient occupancy -- shall receive a minimum of two 15-minute paid rest breaks and one 30-minute meal period in each workday in which they work at least seven hours.


Statute


Applies to an establishment located in a county with a population greater than three million.


Employees may not be required to work during a break period. Break area must be provided with adequate seating and tables in a clean and comfortable environment. Clean drinking water must be provided without charge. Employer must keep complete and accurate records of the break periods.

Kentucky


Paid 10-minute rest period for each 4-hour work period


Statute


Excludes employees under the Federal Railway Labor Act.


Rest period must be in addition to regularly scheduled meal period.

Minnesota


Paid adequate rest period within each 4 consecutive hours of work, to utilize nearest convenient restroom.


Statute


Excludes certain agricultural and seasonal employees.


Different rest breaks permitted if pursuant to a collective bargaining agreement.

Nevada


Paid 10-minute rest period for each 4 hours worked or major fraction thereof; as practicable, in middle of each work period. Not required for employees whose total daily work time is less than 3 and ½ hours.


Statute


Applicable to employers of two or more employees at a particular place of employment.

Excludes employees covered by a collective bargaining agreement.


Labor Commissioner may grant exemption on employer evidence of business necessity.

Oregon


Paid 10-minute rest period for every 4-hour segment or major portion thereof in one work period; as feasible, approximately in middle of each segment of work period.


Administratively issued Wage and Hour Commission rules.


Applicable to every employer, except in agriculture and except employees covered by collective bargaining agreement.


Rest period must be in addition to usual meal period and taken separately; not to be added to usual meal period or deducted from beginning or end of work period to reduce overall length of total work period.
In absence of regularly scheduled rest periods, it is sufficient compliance when employer can show that the employee has, in fact, received the time specified (permitted only where employer can show that ordinary nature of the work prevents employer from establishing and maintaining a regularly scheduled rest period).
Rest period is not required for employees age 18 or older who work alone in a retail or service establishment serving the general public and who work less than 5 hours in a period of 16 continuous hours.

Washington


Paid 10-minute rest period for each 4-hour work period, scheduled as near as possible to midpoint of each work period. Employee may not be required to work more than 3 hours without a rest period.


Administrative regulation


Excludes newspaper vendor or carrier, domestic or casual labor around private residence, sheltered workshop, and agricultural labor. 3/

Rules for construction trade employees may be superseded by a collective bargaining agreement covering such employees if the terms of the agreement specifically require rest periods and prescribe requirements concerning them.


Scheduled rest periods not required where nature of work allows employee to take intermittent rest periods equivalent to required standard.
Director of Labor and Industries may grant variance from basic standard for good cause, upon employer application.