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Run: Meal and Rest Break Policy

Meal and rest break policy template that sets break timing, pay treatment, waiver rules, and state-specific carve-outs in one place. Use it to standardize sc...

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Purpose

This policy establishes the company’s rules for employee meal and rest breaks, including timing, pay treatment, waiver rules, reporting requirements, and compliance with applicable wage-and-hour laws. The company will provide breaks in accordance with the **Fair Labor Standards Act (FLSA)** and all applicable state and local laws. Where state or local law provides greater employee protections, the stricter rule will apply.

Scope

This policy applies to all non-exempt employees and any exempt employees who are eligible for breaks under applicable state or local law or company practice. **Applicable jurisdictions:** This policy applies in the United States and must be administered with state-specific overlays where required. **California employees:** Meal and rest break requirements must comply with California Labor Code and applicable Industrial Welfare Commission wage orders, including the requirement for a 30-minute unpaid meal period for shifts over five hours and a 10-minute paid rest period for every four hours worked or major fraction thereof, subject to lawful exceptions.

Definitions

For purposes of this policy: - **Non-exempt employee** means an employee entitled to overtime and break protections under the FLSA and applicable state law. - **Exempt employee** means an employee classified as exempt from overtime under applicable wage-and-hour law. - **Good-faith effort** means a reasonable effort by both the employee and manager to take breaks as scheduled and to report any issues promptly. - **Essential function** means a core job duty that must be performed for the role. - **Interactive process** is not generally required for routine break scheduling, but may be used when a medical condition or disability requires an accommodation affecting break timing.

Policy Statement

Employees are expected to take meal and rest breaks as scheduled and to accurately record all working time, including any missed, delayed, shortened, or interrupted breaks. Breaks may not be used to shorten the workday unless approved by a manager and permitted by law. Employees must remain relieved of duties during unpaid meal periods. If an employee performs any work during a meal period, the time must be recorded as hours worked and paid accordingly. The company prohibits off-the-clock work and will not retaliate against employees for requesting, taking, or reporting breaks required by law.

Procedure

1. **Meal breaks** - Employees should begin meal breaks before the end of the fifth hour of work unless a different rule applies under state or local law. - Meal breaks should generally be at least 30 minutes and uninterrupted. - A second meal break may be required for longer shifts where required by law. - Meal breaks are unpaid only when the employee is fully relieved of all duties. 2. **Rest breaks** - Rest breaks should be taken during the workday as operationally feasible and in accordance with applicable law. - Rest breaks are paid time and must be recorded as hours worked. - Employees should not combine rest breaks with meal periods unless approved and lawful. 3. **Reporting missed or interrupted breaks** - Employees must notify their manager or HR as soon as practicable if a break is missed, delayed, interrupted, or waived. - The manager must document the issue and escalate repeated occurrences to HR or the policy holder. - Time records must be corrected promptly when a break is not provided as required. 4. **Waivers and exceptions** - Meal break waivers may be allowed only where permitted by law and only with written approval from the company. - No employee may be required to waive a legally mandated break. - California employees: meal break waivers and on-duty meal periods are allowed only when permitted by California law and must be documented in writing where required.

Roles & Responsibilities

**Employees** must take breaks as scheduled, remain relieved of duties during unpaid meal periods, and report missed or interrupted breaks promptly. **Managers** must schedule work to allow legally required breaks, avoid discouraging break use, and ensure time records are accurate. **HR / Payroll** must review break-related complaints, correct pay when necessary, and maintain records in accordance with recordkeeping requirements. **Policy holder** must monitor legal updates, coordinate state-specific changes, and approve exceptions only when lawful.

Compliance / Discipline

Failure to follow this policy may result in corrective action, up to and including a documented warning, a performance improvement plan (PIP), or other discipline consistent with company policy and applicable law. The company will also take corrective action when managers fail to provide required breaks, discourage employees from taking breaks, or permit off-the-clock work. Employees who believe they were denied a required break, or who were instructed to work during a break, should report the issue immediately. Retaliation for raising a good-faith concern is prohibited.

Exceptions

Exceptions to this policy are permitted only when required by law, supported by business necessity, or approved as a lawful accommodation through the interactive process. Examples may include: - emergency response or public safety situations where uninterrupted coverage is legally permitted, - bona fide operational emergencies, - disability-related accommodations affecting break timing or frequency. Any exception must be documented by the policy holder or HR and reviewed for legal compliance. **California employees:** Any exception, waiver, or on-duty meal period must comply with California Labor Code requirements and applicable wage orders.

Review & Revision

This policy will be reviewed at least annually and whenever federal, state, or local wage-and-hour laws change. The policy holder is responsible for maintaining current legal references, updating state-specific carve-outs, and communicating material changes to employees. Related laws and guidance may include the FLSA, state meal and rest break statutes, and applicable wage orders or labor department rules.

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