Meal and lunch periods are staples of every employee's work day. Providing and employee a reasonable amount of time tobreak for a meal during their shift seems like a simpole matter of employer courtesy, but many employers may not realize that specific rules apply to meal and lunch periods.
Currently, no federal law specifically addresses meal and break periods. The Fair Labor Standards Act (FLSA) includes only general provisions about what constitutes a bona fide meal period as opposed to a rest period. Though Federal Law does not impose specific restrictions, many states have passes laws about meal period entitlements.
The FLSA stresses that bona fide meal periods include relief from duty for the purposes of eating regular meals. As such, employees who eat at their workstations while on duty are engaged in rest periods, not bona fide meal periods. According to the FLSA, rest periods are compensable. Allowing employees to work through their lunch may constitute a violation of the FLSA and/or applicable state wage and hour laws (it does in Pennsylvania). To ensure that lunch breaks are considered unpaid "bona-fide meal periods" under the FLSA, employers must require employees to leave their workstations and clock out for lunch.
Pennsylvania employers are required to provide break periods of at least 30 minutes for minors ages 14 through 17 who work five or more consecutive hours. Employers are not required to give breaks for employees 18 and over. If the employer allows breaks, and they last less than 20 minutes, the employee must be paid for the break. If the employer allows meal periods, the employer is not required to pay the employee for the meal period PROVIDED they do not work during their meal period and it lasts more than 20 minutes. A collective bargaining agreement may also govern this issue.
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