Employers must comply with federal, state, and local rules governing rest breaks. Below are answers to frequently asked questions about rest periods.

Q: Am I required to provide rest breaks to employees?

A: While no federal law requires employers to provide rest breaks, many states have laws that do. Some of these laws cover all employees but others are industry-specific or are limited to non-exempt employees or minors. Local jurisdictions may also have their own rules. Check your state and local law to ensure compliance.

Q: Are employees who are classified as exempt from overtime entitled to rest periods?

A: It depends on the law. For example, in Kentucky, the rest break (and meal period) requirements should be interpreted to apply to employees classified as exempt from overtime. By contrast, in Colorado, bona fide overtime-exempt employees are excluded from the Colorado Overtime and Minimum Pay Standards (COMPS) Order, which sets the rest break (and meal period) requirements. Check your state and local law to ensure compliance.

Q: My state requires rest breaks. We have employees working remotely due to the pandemic. Do I have to provide rest breaks during remote work as well?

A: When rest breaks are required, they're typically required regardless of whether the employee works at the traditional worksite or remotely. Therefore, ensure that employees working remotely are provided rest breaks in accordance with applicable law.

Q: My state has specific rules on the timing of rest breaks but I also want to stagger these breaks to help promote social distancing during the pandemic. What should I do?

A: Generally, employers must comply with any timing requirements even as they take steps to promote social distancing. For instance, if your state or local law requires you to provide rest breaks in the middle of each four-hour work period, you must ensure the breaks comply with the rule. In some cases, you may need to adjust schedules to ensure rest break requirements and social distancing requirements are met.

Q: My company provides employees with two 15-minute rest periods during the workday. These breaks aren't required by any law—we provide them voluntarily for productivity and safety purposes. Do we have to pay employees for these breaks?

A: While federal law doesn't require rest breaks, it does have rules for employers that do provide them. For instance, under federal law, rest breaks of a short duration must generally be considered paid working time. The U.S. Department of Labor (DOL) defines a rest break as any period lasting 20 minutes or less that the employee is allowed to spend away from work. The duration of the break is generally the sole factor used when determining whether pay is required, not the reason for the break (such as for a cigarette, coffee, snack, or to make a personal phone call).

Note: Under federal law, employers must provide reasonable break time for a non-exempt employee to express breast milk for their nursing child for one year after the child's birth each time she has the need to express milk. Under federal law, employers aren't required to compensate nursing mothers for breaks taken for the purpose of expressing milk. However, where employers already provide compensated breaks, an employee who uses that break time to express milk must be compensated in the same way that other employees are compensated for break time. Some states and local jurisdictions do require paid breaks for nursing mothers regardless of whether the employer provides other types breaks.

Q: Do I have to count rest breaks when determining whether a non-exempt employee has worked more than 40 hours in a workweek for overtime purposes?

A: Yes. Rest breaks are considered hours worked and must be counted when determining whether a non-exempt employee has worked over 40 hours in a workweek.

Q: We provide a 10-minute rest period three times per shift. Some employees are extending these breaks to 20 minutes without authorization. Do I have to pay them for the extra break time?

A: Generally, when employees take unauthorized extensions of rest breaks, the time must be paid if the rest period lasts 20 minutes or less. However, the FLSA permits employers to exclude unauthorized extensions of rest periods from hours worked as long as the employer expressly and clearly advises employees that:

• Breaks may only last for a specified duration (such as 10 minutes);
• Unauthorized extensions are in violation of the employer's rules or policy; and
• Violations of the employer's policy will be punished.

Q: Our employees are consistently coming back from rest breaks late. Can I require employees to remain on our premises during rest breaks?

A: Depending on the state, forcing employees to remain on the premises during rest breaks may be considered a violation of state requirements. However, employers may discipline employees for unauthorized extensions of rest breaks in accordance with their company policy beyond the statutory requirement. This can be enough of an incentive for employees to return from breaks on time regardless of whether they leave the premises.

Q: Can employees waive their rest periods?

A: Where rest breaks are required, employees typically cannot waive them.

Conclusion:

Make sure your company is complying with federal, state, and local laws governing rest breaks.