July 01, 2025 in HR

Break Time Rules for Employers: Paid vs. Unpaid Breaks Explained

By: Danielle Levine

When your employees check their work emails during lunch or jump on a quick call after hours, are you tracking that time? Under federal labor laws, you may be required to. Break time might seem like a small detail, but misunderstanding what's paid, and what's not, can expose your business to major compliance risks.

Here’s what employers should know about compensable break time, state-specific rules, and how to stay compliant in a hybrid, deskless, or on-site environment.

What Counts as a Paid Break?
When Are Meal Breaks Unpaid?
Know Your State's Rules About Paid vs. Unpaid Breaks
What Employers Should Avoid
Best Practices For Break Management
Final Thoughts on Paid vs. Unpaid Breaks

What Counts as a Paid Break?

Under the Fair Labor Standards Act (FLSA), any time an employee is working, regardless of whether it’s during their official schedule, is compensable. This includes:

Checking emails after hours
Taking work calls during a meal
Working through lunch at their desk

Even short breaks under 20 minutes (like grabbing coffee or using the restroom) must be paid time. This is because they are considered beneficial to the employer by helping employees stay productive.

Looking to automate time tracking? Our Time & Labor Management tools help ensure you’re logging paid and unpaid breaks accurately.

When Are Meal Breaks Unpaid?

Employers may offer unpaid meal breaks, but only if:

The break is at least 30 minutes long
The employee is completely relieved of work duties

If an employee is asked to do any task, even a quick message or answering the phone, that entire break must be paid. This is especially important in roles with frequent interruptions or on-call expectations.

Tip: Avoid requiring staff to “be available” during unpaid meal breaks. Doing so turns that time into paid work.

Know Your State’s Rules About Paid vs. Unpaid Breaks

The FLSA sets a federal baseline, but state labor laws often go further. If your organization operates in more than one state (or employs remote workers across state lines), you must comply with the strictest applicable law.

Here are some variations across states, as reported by the National Conference of State Legislatures (NCSL):

State	Break Requirements
Minnesota	Employers must provide an unpaid meal break for employees who work 8 or more consecutive hours. Short breaks under 20 minutes are considered paid time.
Nebraska	A 30-minute unpaid meal break is required for employees in specific industries, such as assembly plants and workshops, during an 8-hour shift. Other employers are not required to provide meal breaks unless by policy or agreement.
Oklahoma	The state does not require meal or rest breaks for adult employees. If a meal break is provided, it must be unpaid and uninterrupted to comply with federal law.
Vermont	Employers must provide reasonable opportunities during work periods for employees to eat and use the restroom. Breaks under 20 minutes must be paid under federal law.

Want to simplify break compliance across states? Explore our HR Compliance Services for expert support.

What Employers Should Avoid

Missteps around break time can lead to lawsuits or Department of Labor audits. Here’s what not to do:

1. Auto-deducting meal breaks

Automatically subtracting 30 minutes for lunch can result in wage theft if the employee didn’t actually take that break or was interrupted.

2. Allowing or encouraging skipped breaks

Even if an employee volunteers to skip a legally required break, that’s usually not allowed. In states where breaks are mandatory, employers must ensure they are taken.

3. Overlooking union agreements

If your workforce is unionized, their contract may include break rules that override standard labor laws.

Best Practices for Break Management

Break compliance is about more than just avoiding fines — it's part of building a fair, healthy work environment. Here's how to get it right:

Use automated time-tracking software that clearly distinguishes between paid and unpaid breaks
Train managers to ensure staff are not interrupted during unpaid meals
Review policies regularly, especially when expanding to new states
Keep clear records of employee breaks and hours worked
Consult legal counsel or HR experts when revising policies

Final Thoughts on Paid vs. Unpaid Breaks

Break time laws may sound straightforward, but staying compliant in today’s workforce takes more than just good intentions. Whether you're running a single-location agency or managing a multi-state team, getting break rules wrong can be costly.

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