Even though you may have a lot of tasks to work through, you may become more productive if you step away for a moment to refresh your mind, or if you do physical labor, to give your body a temporary rest. This is whether you use this time away to grab a cup of coffee for energy, eat lunch for sustenance, or go on a walk for mental clarity. However, you may be hesitant to step away from your post if your employer has not approved of it beforehand. Well, in this case, read on to discover whether your meal and rest breaks at work are legally protected and how a seasoned Gloucester County wage and hour lawyer at The Vigilante Law Firm, P.C., can help work to ensure your employer respects your legal rights in the matter.
Are my meal and rest breaks at work legally protected?
Technically speaking, no employment law in New Jersey or federally requires your employer to grant you a meal or rest break during your workday. However, your employer may implement an informal or unwritten policy out of common courtesy. Usually, an employer who chooses to offer breaks of less than 20 minutes may consider them as paid time, while anything longer may be left unpaid. Of note, shorter breaks are generally for physical and mental rest purposes, while longer breaks are generally to let employees eat meals.
Importantly, the only exception to this is if an employee is a minor. That is, an employee who is younger than 18 years old is legally entitled to 30-minute meal breaks after every five consecutive hours of work activity. What’s more, the Fair Labor Standards Act (FLSA) requires employers of non-exempt employees or with more than 50 employees to give nursing mothers breaks to express milk for one year after their child’s birth. These breaks need not be considered paid time, unless other employees are already getting paid during their break times.
What happens if breaks are disclosed in my employment agreement?
While your employer is not obligated to provide meal or rest breaks, the rules may change if there are specifications of such in the offer letter you received before your employment and the agreement you signed to kickstart your employment. Such specifications may make your breaks legally enforceable. In other words, if your employer thereafter denies you break time or promised pay during your taken breaks, you may hold the right to file a wage and hour complaint against them.
In another example, you may have reason to believe that your employer is providing breaks in a discriminatory manner. That is, you may be denied a break while your coworker is granted one, presumably based on your contrasting race, sex, religion, age, etc. With these grounds, you may pursue a workplace discrimination claim against your negligent employer.
We understand just how overwhelming all of this can be for you. So, if you have any remaining questions, please consult with one of the competent New Jersey employment lawyers. The team at The Vigilante Law Firm, P.C., is willing and able to provide you with legal assistance in any capacity.
