It is in their best interest to allow their employees paid breaks and unpaid lunch periods but it is not required by law. Breaks for Minors. Breaks of short duration (from 5 to 20 minutes) are common. All other establishments and occupations covered by the Labor Law. Many employers and employees want to know if breaks and meals are required by law. least by federal law. Short breaks are usually 20 minutes or less, and should be counted as hours worked. Although employees must be paid for shorter breaks EMPLOYEE MEAL BREAK REQUIREMENTS Division of Labor, 1900 Kanawha Boulevard East, Building 3, Room 200, Charleston, WV 25305 Page 1 www.labor.wv.gov / wageandhour@wv.gov / 304 558 7890 West Virginia Division of Labor Wage & Hour Section Break Law - Fact Sheet 1 West Virginia Code Chapter 21, Article 3, Section 10(a) (July 2016) What Changed Increase in minimum wage effective January 2021. There are no other break requirements in Pennsylvania. Rest Breaks. However, if employers do offer breaks of five to 15 minutes as part of the work day, federal law does consider them compensable. This page provides details about Pennsylvania's meal period requirements. If the break is 20 minutes or less it must be a paid break . That's correct, PA doesn't have any state laws for breaks or lunch. Employers are not required to pay for the time that direct care workers are completely relieved of their duties as long as the breaks meet certain criteria. matter of custom and policy, perhaps recognizing that an employee who is hungry It does not require employers to offer If your employer allows meal periods, the employer is not required to pay you for your meal period if you do not work during your meal period and it lasts more than 20 minutes. You might be surprised to learn that Pennsylvania does not have any laws on the books specifically related to this area, except those pertaining to minors. Employers do not have to pay for bona fide meal breaks, breaks are required only for farmworkers. According to the state’s Department of Labor, employers are required to provide breaks of at least 30 minutes for those ages 14 through 17 who work five or more consecutive hours. Fair Labor Laws on Required Break Times. employee is still working and entitled to be paid. allows breaks. It’s difficult enough to manage a workforce, ensure your business maintains its standards of quality, and keep your business profitable, without having to sweat violating labor laws that require you to provide your workers lunch breaks or … According to the FSLA, employees are to be paid at a rate of no less than one and one-half times their regular rate of pay for hours worked beyond 40 in a given workweek. Statute. In some states, the information on this website may be considered a lawyer referral service. In Pennsylvania, Pennsylvania employers are required to provide break periods of at least 30 minutes for minors ages 14 through 17 … Employers need to be aware of their state labor laws to make sure they are in compliance. breaks allowed (and to pay for all time an employee spends working, whether or Federal law also requires employers to pay for short breaks require employers to provide meal breaks or rest breaks. Safety Signs and Placards & Compliance Signs, Lunch and Break Law Regulations in Pennsylvania (PA), The Complete Solution to your Compliance Needs, Minnesota Announces Minimum Wage Increase for 2021. Meals and Breaks. provide either meal or rest breaks. A number of states follow the federal law: They don’t However, it does not require coffee or lunch breaks. Therefore, in unless state law specifies otherwise, meal breaks are scheduled at the discretion of the employer. An employee need not be allowed to leave the work site during a meal However, PA work break laws do not cover employees ages 18 or older, which means they may or may not be given a … Pennsylvania has regulations describing workday meal / lunch breaks to be provided to employees, but does not mandate that employees be provided additional, shorter break periods. Rest breaks for minors that last less than 20 minutes must be paid. However, many employers do provide breaks and meal periods. minutes are considered part of the workday, for which employees must be paid. In Pennsylvania, the labor laws require employers to give appropriate breaks to minors. Workers between the ages of 14 and 17 who work 5+ hours in a row must receive a 30-minute meal break. breaks may also qualify, depending on the circumstances. FYI - this addresses PA stance on meal periods. For this to be the case, however, the worker must be completely relieved of his or her duties during the meal break. Sensible as this seems, employers are not legally required to allow breaks, at Employees under 18 and agricultural workers have different standards than those listed on this page. Federal law requires only that an employer pay for certain time, An employment agreement or workplace policy can give an employee extra rest and meal breaks, either paid or unpaid, above the minimum required by law. duties. Retail can tough to schedule stadard breaks and meal times. A number of states In Pennsylvania, only employers of seasonal farmworkers are Washington state is one of the few states that breaks and lunch are required by law. Ordinarily, a meal Any person age 14 to 17 who works five or more consecutive hours must be given a minimum of a 30 minute meal break according to PA labor laws about breaks. If an employee is allowed to do something of his or her choosing while waiting for another task to be finished or while waiting at the workplace for his or her services to be called upon, it is generally considered work time. working or a repair person who grabs a quick bite while driving from one job to This includes hourly, salary, and piecework wages. they are allowed to take during the day, employers are not required to provide break is “bona fide” if it lasts for at least 30 minutes, although shorter However, if an employee is traveling in the course of a days work, it must be considered paid work time. receptionist who must cover the phones or wait for deliveries during lunch must breaks during the work day. On the other hand, if an employee is waiting to be called upon, but has great freedom to do what he or she wishes while on call (and has plenty of time to respond to the call), it is not generally considered paid work time. Pennsylvania labor laws require employers to provide a thirty (30) minute break period to employees ages fourteen (14) through seventeen (17) who work five (5) or more consecutive hours. This time may be unpaid. Pennsylvania law requires that minors ages 14 to 17 must be given a meal or rest period of at least 30 minutes if they have worked five hours or more continuously. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Pennsylvania Meal & Rest Breaks Employers in the Oil State must provide minor employees a meal break of at least 30 minutes when the employee works 5 hours or more in a shift. If the employee is still required to do any duties (even minor duties such as answering a phone), it can’t be considered a meal or lunch period and must be paid. A final issue I sometimes find comes up in the area of work hours is the issue of travel time. Thus, working eight hours without a rest period violates no national statutes. require meal or rest breaks, but they require employers to pay for any short U.S. Department of Labor Wage and Hour Division regulations do specify when work breaks that are provided, including meal periods, rest periods, and sleeping time, must be counted as work time subject to federal minimum wage and overtime requirements (29 CFR 785.18 through 785.23). Like many other federal laws in the human resources space, some states have stepped in to bridge the gap. Copyright © 2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. If your employer is violating work break or meal provisions in state laws or the FLSA, the relevant state labor department might help you to right the wrong. Workday Rest Periods: No Regulation. The Fair Labor Standards Act defines work hours and how they are compensated. 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