When reviewing your employment agreement, you must analyze the terms and conditions of your paid or unpaid lunch break, or otherwise your rest break. Importantly, you must anticipate the possibility that your employer may not offer you one. Continue reading to learn what happens if your employer does not let me take my lunch break and how an experienced employment agreement attorney in Gloucester County NJ, at The Vigilante Law Firm, P.C., can help you understand your rights.
What Does Federal Law Say About Lunch and Rest Breaks?
Contrary to what you may assume, the Fair Labor Standards Act (FLSA) does not require that employers provide lunch breaks or rest breaks to their employees. More specifically, this federal law holds that an employer does not have to pay an employee for the time they take for a lunch break or rest break.
Generally speaking, if breaks are provided:
- Short rest breaks of up to 20 minutes are considered working time
- Meal breaks, which are typically 30 or more minutes, and the employee is completely relieved of all job duties, are not compensable
It’s also important to understand that federal law compensation standards only apply if the break is interrupted or “on-call.” As such, working through a break or remaining on duty must be counted as hours worked.
What Does New Jersey Law Require?
New Jersey law does not require employers to provide meal or lunch breaks for most adults. As such, unless mandated by company policy, your employment contract, or union policy, your employer legally does not have to provide a meal break.
However, New Jersey does mandate meal breaks for minors under the age of 18. Employers are required to provide a 30-minute meal break after six consecutive hours of work for those under 18.
When Can You Be Paid for Break Time?
While breaks are not legally required under New Jersey or federal law, with the exception of a mandatory break for minors, there are instances in which you can and should receive compensation for your breaks. This includes:
- Being required to perform tasks during your break
- Being required to remain available for work
- The break is less than 20 minutes long
- You are under 18 and are not provided the required 30-minute break following 6 consecutive hours worked
What Happens If an Employer Denies or Interrupts a Break?
In the event that your employer provides a break but requires you to work, it may constitute a wage-hour violation if you are not paid. As such, if you believe you should be compensated for your break because you were required to work or remain on call, you should consult an experienced Gloucester County employment attorney to discuss your unique situation.
It’s important to understand that if your employer opts not to provide breaks, this generally does not violate state law for adult workers. However, this does not apply to workers under 18.
Practical Advice for Employees
Taking the necessary steps to protect yourself and your rights is critical as an employee in New Jersey.
Requesting Uninterrupted Break Time
As such, if you are offered a break, you should try to ensure it is uninterrupted and that you are not expected to perform any work duties during this time. An employer should not force an employee to work during their lunch break or rest break. This is especially true if there are other employees on staff during this time and if you specifically request an uninterrupted break. If they do, then an employee may be able to fight to recover payment.
Documenting Interruptions
In the event that you are on break and your employer expects you to be on call, ensure you document these events, including the date, time, and request of your employer. This is critical to ensure that you are adequately compensated for this time.
Review Agreements and Contracts
Additionally, you should review all agreements and policies to ensure that your breaks align with these documents.
Work With an Experienced Gloucester County Employment Attorney
If you believe your rights regarding your work breaks were violated, we recommend that you consult with one of the skilled New Jersey employment lawyers with the Vigilante Law Firm. Our team can review your unique circumstances to help you determine the best possible outcome for your situation and help you fight for the compensation and justice you deserve. Contact us today to schedule your initial consultation to discuss your situation.
