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Federal Labor Law

Federal Labor Law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal labor law considers the breaks work-time that must be paid.

federal labor law

Bona fide meal periods (typically lasting at least 30 minutes), serve a different purpose than coffee or snack breaks and, thus, are not work time and are not compensable.

Employment practices which are not regulated include:

* vacation, holiday, severance, or sick pay
* meal or rest periods, holidays off, or vacations
* premium pay for weekend or holiday work
* pay raises or fringe benefits
* a discharge notice, reason for discharge, or immediate payment of final wages to terminated employees
* pay stubs or "W-2"s

The federal government does not provide wage payment or collection procedures for an employee's usual or promised wages or for commissions in excess of those required by the Fair Labor Standards Act (FLSA).

Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the break will be punished.

FLSA does not limit the number of hours in a day, or days in a week, an employee may be required or scheduled to work, including overtime hours, if the employee is at least 16 years old. However, some states do have laws covering some of these issues, such as meal or rest periods, or discharge notices.

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For assistance on all things legal, turn from federal labor law to the home page.

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