Paid lunch and rest breaks in MA – what is required by law?

Massachusetts law requires all employers to provide a 30-minute lunch period to all employees who work six hours or more. It is important to note that the law does not require that the meal break be paid, just that it is given.

However, if an employee’s movement is restricted, or the employee is required to complete functions of his or her job during the lunch break Massachusetts law requires the employer to pay the employee his or her normal hourly wage for that lunch break.

While any employee can voluntarily waive a lunch break, an employer cannot coerce the employee to waive his or her break. Something as seemingly innocent as questioning an employee about his or her willingness to waive a lunch break may be viewed as coercion and should be avoided. In fact, if an employee chooses to waive his or her lunch break, it would be prudent for the employer to require the employee to sign a waiver of the lunch break for placement in his or her personnel file.

Beyond the required meal break, there is no law in Massachusetts that requires employers to provide employees with additional rest periods. Although many employers do provide 10 to 15 minutes breaks during the day as a practical matter, employees in jobs that allow for periodic rests throughout the date often are not granted additional rest breaks. If you decide to allow additional rest periods for your employees, be aware that federal regulations require that any break period of twenty minutes or less must be paid as “hours worked.” This fact should be taken into account when establishing a “break” policy.

Although lunch and rest breaks seem like minor considerations, they are monitored by both state and federal law. Therefore, they should be noted and considered when organizing and running your business to ensure that you are in compliance with the legal requirements.

Comments

[kat]

my new job fired me for wanting an lunch break

[Dunkin Employee]

why does Dunkin Donuts require you to sign a waiver for lunch at the the of employement??
With the economy the way it is - how can I not sign it? I worked 8 hours without a break!!!

[Bacon Wilson Law]

Dunkin Employee, we can't respond to individual legal inquiries on this blog. Please contact employment law attorney, Kevin Maltby, for guidance regarding your specific concern. KMaltby@BaconWilson.com, 413.781.0560

[non smoker]

If an employer allows 10-15 minute breaks during the day for some employees, do they have to allow it for ALL? I'm referring to smokers of course. When I started my job, every 2 hours like clockwork a mass of people would get up and walk out for a break. I actually had a supervisor hunt me down and drag me back to my desk saying "we don't give breaks here". Smokers are allowed to go out for a cigarette but but that's not considered a 'break'. Any way of calling BS on this without getting fired?

[Bacon Wilson Law]

non smoker:We can't respond to individual legal inquiries on this blog. Please contact employment law attorney, Kevin Maltby, for guidance regarding your specific concern. KMaltby@BaconWilson.com, 413.781.0560

[Diane]

If a work shift is only 5 1/2 hours can an employer require employees to take a 30 minute unpaid break?

[Bacon Wilson Law]

Diane, we can't respond to individual legal inquiries on this blog, but if you'd like to pursue this, please contact attorney, Kevin Maltby: 413.781.0560 or KMaltby@BaconWilson.com

[Jamie]

I work at a retail supermarket as a stock clerk, and have had no lunch break in 10 years, now my employment wants me to take a 30 min unpaid lunch break. I work 8 hrs a day 40 a week. Full time. Can I tell them no,I don't want to be there 8 1/2 hours, whether paid or not.

[Bacon Wilson Law]

Jamie, we can't respond to individual legal inquiries on this blog, but if you'd like to pursue this, please contact attorney, Kevin Maltby: 413.781.0560 or KMaltby@BaconWilson.com

[Mel]

Is it true that salaried managers are NOT required to take a lunch break according to Mass law?

[Bacon Wilson Law]

Thanks for your comment, Mel. Unfortunately we cannot respond to individual legal inquiries here. Please direct your questions to attorney, Kevin Maltby: 413.781.0560 or KMaltby@BaconWilson.com

[nancy briscoe]

can an employer deduct 1 hour break from me daily when i actually get a 40 minute lunch break along w/ 2 10 minute short rest periods daily. I am getting conflicting answers and would like to persue this

[Bacon Wilson Law]

Thanks for your comment, Nancy. Unfortunately we cannot respond to individual legal inquiries here. Please direct your questions to attorney, Kevin Maltby: 413.781.0560 or KMaltby@BaconWilson.com

[Chris Elbrand]

If I post an individual legal inquiry regarding Massachusetts fair wage, meals and break policies, will you be able to answer it on this blog?

[Bacon Wilson Law]

Unfortunately, Chris, we cannot respond to individual legal inquiries here. Please direct your questions to attorney, Kevin Maltby: 413.781.0560 or KMaltby@BaconWilson.com

[Angela Scott]

Does an employee need to sign a waiver each day or will one waiver be OK for a period of time. Is there a minimum or maximum that the waiver will be good for? If a waiver lasts for a period of time and an employee wants to take a break how often may they change the status and how do they do it.

[Bacon Wilson Law]

Angela, thanks for your questions; however, we cannot respond to individual legal inquiries here. Please contact attorney, Kevin Maltby at 413.781.0560 or KMaltby@BaconWilson.com for legal assistance.