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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.
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:
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.
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.
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:
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.
Taking the necessary steps to protect yourself and your rights is critical as an employee in New Jersey.
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.
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.
Additionally, you should review all agreements and policies to ensure that your breaks align with these documents.
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.
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