Are 15-minute breaks required by law?

Why the 15-minute figure is so common anyway

Because employers adopt it voluntarily, because it appears in many union contracts, and because several states require a paid rest period of 10 minutes per four hours worked, which some employers round up in practice. Once a break is part of a policy, a handbook or a contract, it becomes enforceable through that document even though no statute required it — an employer that promises paid 15-minute breaks and then deducts them from pay may owe back wages.

Paid or unpaid

A short break is paid. That is the part of the federal rule with teeth: under Department of Labor regulations, an employer cannot deduct a 15-minute break from pay, and time spent on it counts toward the 40 hours that trigger overtime. An unpaid period must be a bona fide meal break, usually at least 30 minutes, with the employee completely free of duties. Federal rules do let an employer refuse to pay for unauthorized extensions of a break, as long as it has clearly told employees how long breaks may last.

Where rest breaks are mandatory

In states that regulate rest periods, the entitlement is usually 10 paid minutes for each four hours worked, or major fraction of four hours. States with general paid rest-break rules for adults include California, Colorado, Kentucky, Nevada, Oregon and Washington; Minnesota requires paid time to use the restroom within each four hours, and Vermont requires reasonable opportunities for breaks. Illinois requires rest breaks only in certain industries, such as for hotel room attendants. Everywhere else, a rest break for adults is a matter of company policy.

What an 8-hour day looks like in a rest-break state

Typically two paid 10-minute rest breaks — one in each half of the shift — plus an unpaid 30-minute meal break. Many employers schedule them as 15-minute breaks, which is allowed because the employer can always give more than the minimum.

Minors

Minors are protected far more widely. Most states require meal or rest breaks for workers under 18, commonly 30 minutes after five hours, regardless of the adult rule. Violations of child labor laws can bring significant fines for employers.

Restroom breaks

Separately from break laws, federal workplace safety rules require employers to provide reasonable access to toilet facilities. OSHA has said that employers may not impose unreasonable restrictions on restroom use, so “no breaks” can never mean no restroom access. Employees with medical conditions may also be entitled to extra breaks as a reasonable accommodation under the Americans with Disabilities Act or the Pregnant Workers Fairness Act.

If breaks are being denied

Two routes. A state wage claim, which is the faster and cheaper path in most states, and which many labor departments accept online. Or a claim for unpaid wages where short breaks were deducted from pay — that arises under federal law as well and can include liquidated damages equal to the unpaid amount, plus attorneys' fees. Keep your own record of hours and breaks; in wage disputes where the employer's records are incomplete, an employee's reasonable reconstruction can be accepted by the court.

Before you raise it

Check your state's rules, your handbook and any contract. Raise the issue in writing if possible, since complaints about wages are protected against retaliation. If you are fired or punished after complaining, speak to an employment lawyer promptly — retaliation claims often carry larger damages than the original wage claim.

Common questions

• Can my employer tell me when to take my break? Yes. In most states the employer sets the timing, though states with mandatory breaks require them near the middle of each work period where practical.
• Can breaks be combined with lunch? Federal law does not address it; some states, such as California, generally do not allow rest breaks to be tacked onto a meal period to shorten the day.
• Do smokers get extra breaks? No law requires smoke breaks; they are a matter of company policy.