If employees take 1 hour lunch, do they still get breaks? 08-09-2006

If the employee gets an hour lunch, of which 30 mins is paid for, do they still have the right to two 15 minute breaks?

Rita Risser replies:

Assuming your state requires breaks (not all do), they are required in addition to the lunch break. Usually the law specifies the break must be taken more or less in the middle of each half-day worked.

As a stress management consultant in addition to being a lawyer, I encourage all employees, even and especially exempt employees, to take a 10 minute stretch and breathe break twice a day. That will not only improve your health, but also your productivity.

Good luck.

---

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.