Risk
Staying compliant with federal, state and provincial meal and rest break laws is a growing challenge for employers. Employment law compliance requirements vary widely across jurisdictions, and rules change frequently. Businesses that rely on manual processes for tracking meal and rest break policies risk costly penalties and operational disruptions.
A recent webcast, Compliance in Action: Compliance Strategies for Managing Fatigue, Meal and Rest Breaks, hosted by Paul Kramer, director of compliance, and Bryan Thumme, solution consultant at WorkForce Software, an ADP company, covered best practices for adhering to employment rest break rules and addressed some new laws set to go into effect in 2026. The following article is a brief recap of the expert strategies discussed in this session.
What are the FLSA rules for meal and break requirements?
The Fair Labor Standards Act (FLSA) sets the federal baseline for workplace break policies in the United States. While the FLSA leaves most break requirements to individual states, several jurisdictions in the U.S. and Canada have enacted complex meal and break laws. Here are a few key rules that employers should know:
- If employers choose to provide short rest breaks (typically 5-20 minutes), these are considered compensable for work hours and must be included when calculating overtime.
- In contrast, meal periods (usually 30 minutes or more) do not have to be paid and are not counted as work time, provided the employee is relieved of all duties during the meal period.
- The FLSA requires that employers must provide nursing mothers with reasonable break times and private, concealed spaces to express breast milk for up to one year after childbirth.
- Employers are not obligated to count unauthorized extensions of breaks as work time if rules are clearly communicated and enforced.
Watch the full webinar below to discover even more best practices for navigating meal and rest break rules.
Challenging and evolving meal and rest break regulations in key places
While the FLSA leaves most break requirements to individual states and provinces, several jurisdictions have enacted new or uniquely challenging laws. These laws are often updated and can vary even within states or provinces, making compliance especially challenging for multijurisdictional employers. Here is an overview of significant rules from several U.S. and Canada locations:
Illinois
- Governed by the One Day Rest in Seven Act (ODRISA), in effect since January 2023.
- Requires employers to provide at least 24 consecutive hours of rest in every seven-day period.
- ODRISA has exceptions for part-time employees, emergencies, jobs covered by collective bargaining agreements (CBAs) and certain executive, administrative, professional (EAP) or outside sales positions as defined by the FLSA.
- Employees must also receive a 20-minute meal period for every 7.5 hours worked, and those who work through meal periods must be paid.
California
- California has some of the most rigorous break laws. Employers are encouraged to carefully review these laws before setting company break policies.
- Employers may not require an employee to work more than five hours per day without a 30-minute unpaid, off-duty meal break, with additional requirements for longer shifts and strict penalties (called premiums) for noncompliance (an extra hour of pay per missed meal break).
- Employers must authorize and permit paid rest breaks for all nonexempt employees whose total daily work time is at least three and a half hours.
- Employees must be provided with paid 10-minute rest breaks for every four hours worked, or a major fraction thereof.
Washington
- Employees are entitled to paid 10-minute, duty-free rest breaks every four hours and a 30-minute meal period for shifts exceeding five hours (to be taken between the second and fifth hour of work).
- Employees must be provided with reasonable restroom breaks, and access to them cannot be unreasonably restricted.
Colorado
- Employees must receive an uninterrupted 30-minute meal period for shifts of more than five hours, with paid meal periods required if duties can’t be relinquished.
- To the extent practical, meal periods must be at least 1 hour before the start of a shift and at least 1 hour after the end of a shift.
- The state mandates paid 10-minute rest breaks per four hours worked, or a major fraction thereof.
Minnesota
- Minnesota will have new meal and break laws going into effect in January 2026.
- Employers must provide at least 15-minute rest breaks (or longer if needed to use the restroom) every four hours of consecutive work.
- Employers must provide a 30-minute meal break for shifts of six or more consecutive hours.
- Failure to provide breaks may result in pay penalties and liquidated damages.
Alberta
- Hours of work and breaks are governed by the Alberta Employment Standards Code.
- Employees are entitled to one 30-minute break after the first five hours of work for shifts between five and 10 hours, with a second break for shifts of 10 hours or longer.
- For shifts of 10 hours or longer, employees are entitled to two 30-minute breaks.
- Employees are generally entitled to at least one day of rest each workweek.
Ontario
- Rules are governed by the Ontario Employment Standards Act (ESA).
- Employees must not work more than five consecutive hours without a 30-minute off-duty meal break.
- Rest breaks are generally not required in Ontario. If a rest break is provided and the employee is free to leave the premises, the break does not have to be paid.
How can time tracking software simplify meal and rest break compliance?
The complex set of federal, state and provincial regulations can make manual tracking for rest breaks impractical. The risk of penalties for non-compliance is significant, especially for organizations operating in several regions. Modern time tracking solutions like ADP WorkForce Suite’s Time and Attendance are invaluable for employers who want to improve compliance standards and reduce workplace risks.
How time and attendance solutions help
- Automated scheduling and alerts: Dynamically tracking for shift lengths, issuing real-time reminders for required breaks and flagging potential violations before they occur
- Accurate recordkeeping: Digital time tracking aids in maintaining precise records of work hours and breaks, simplifying audits and demonstrating compliance
- Pay penalty automation: When break requirements aren’t met, the system can automatically apply required premiums, helping avoid costly wage-and-hour lawsuits
- Proactive fatigue management: Intelligent systems enable managers to anticipate compliance risks, such as excessive consecutive workdays or missed breaks, and quickly reassign or schedule relief staff as needed
- Transparency across teams: Automated solutions bridge gaps between managers and schedulers, helping everyone stay aware of break requirements and compliance status in real time
Staying informed of the latest legal requirements and proactively tracking new meal and rest break rules is crucial for efficient operations. Investing in the right technology helps prevent costly violations and fosters a culture of trust, efficiency and compliance, ultimately positioning your organization for long-term success.
WorkForce Software, an ADP company, provides updates throughout the year on best practices for meeting employment law requirements and strategies for addressing emerging regulations and trends across the United States and Canada. This article originally published on their blog,
