August 14, 2025 • 8 mins
Meal and rest breaks can help boost employee efficiency and many states have laws that require employers to provide these breaks. Whether employers provide rest breaks and meal periods voluntarily or because they are required to do so, there may be times when employees misuse this time, such as by taking unauthorized extensions. This podcast will provide ideas for employers to help prevent and respond to such misuse. Listen in as we cover:
- [01:08] Pay rules for rest periods
- [01:55] Pay rules for meal periods
- [02:45] Responding to unauthorized extensions of rest breaks
- [04:22] Responding to unauthorized extensions of meal periods
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Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Jim (00:00):
Taking breaks at work can help promote employee efficiency, and typically
these breaks must be paid. By contrast,
meal periods, if they meetcertain requirements, typically
do not need to be paid.
Many states have laws thatrequire employers to provide
meal and break periods, whetheremployers ultimately provide breaks
(00:20):
and meal periods voluntarily.
Or because they're required todo so, there may be times when
employees misuse this time, such asby taking unauthorized extensions.
This podcast will provide ideasfor employers to help prevent
and respond to such misuse.
Welcome to HRPreneur.
I'm Jim Duffy.
From Main Street to yourStreet, the HRPreneur Podcast
(00:43):
Is centered around helping smallbusinesses like yours gain the knowledge
you need from HR, payroll, and hiringto time taxes, benefits, and insurance.
Today we'll talk with ourguest Meryl Gutterman.
Meryl works as Senior Counsel with ADP,
providing guidance on employment laws.
Hello there, Meryl.
As always, it's great tohave you back on our podcast.
Meryl (01:03):
Hi Jim.
Thanks for having me back.
It's great to be here again.
Jim (01:07):
So, Meryl, I think it would be great if we could start by reviewing
the pay rules for rest periods.
Would you mind sharing someperspectives for our listeners?
Meryl (01:14):
Of course, the general rule is that if you provide a rest break,
which is considered any periodlasting 20 minutes or less, that the
employee is allowed to spend awayfrom work, that break has to be paid.
It's the duration of the break.
That is really what's considered the solefactor used when determining whether pay
(01:36):
is required, not the reason for the break.
The time used for that break mustalso be included when determining
whether the employee is entitledto overtime in that work week.
So with that said, it's important tomake sure your employees don't clock out
for breaks that last 20 minutes or less.
Jim (01:52):
Thank you for that start, Meryl.
How about the pay rules for meal periods?
Meryl (01:58):
Meal periods are treated differently.
They're typically unpaid ifthey meet certain requirements.
So specifically for ameal period to be unpaid
under federal law, the meal periodmust be at least 30 minutes without
interruption, and the employee must befully relieved of all their duties for
the purposes of eating a regular meal.
(02:18):
If the meal period doesn't meet theserequirements, then it has to be paid
and the time must be included whenfiguring out whether the employee is
entitled to overtime in that work week.
So for example, if you were to requireyour employee to sit at their desk
while they're eating their lunch, incase any calls were to come in and
they're not completely relieved oftheir duties, then they have to be
(02:40):
paid for that entire time, even ifthey don't actually answer any calls.
Jim (02:44):
So Meryl, let's say an employer is required by state law to give
employees two rest breaks per eighthour shift, and the breaks are
supposed to be 15 minutes each.
What if one employee routinely takeslonger rest breaks, say maybe 20
to 25 minutes without authorization?
Does the excess or unauthorizedbreak time have to be counted
(03:07):
as hours worked and paid?
Meryl (03:09):
Typically when employees take unauthorized extensions of
rest breaks, the time must be paid
if the break still lasts20 minutes or less.
But federal law permits employers toexclude unauthorized extensions of.
Rest periods from hours worked aslong as the employer expressly and
(03:31):
clearly tells the employee that thebreaks may only last for specified
duration such as 20 minutes, and alsotells the employee that unauthorized
extensions would be in violation ofthe employer's rules or their policy
tells the employee that violations ofthe employer's policy will be punished.
Jim (03:52):
Meryl,
this type of policy for unauthorizedextensions can only apply to employees
who are non-exempt from overtime.
Is that right?
Meryl (04:00):
Yes, that's right.
This applies to non-exempt employeesand that is an important caveat.
As you may know, exempt employees
have to generally receive their fullsalary in any work week that they perform.
Work deductions from an exemptemployee's weekly salary for
unauthorized extensions of breaks couldjeopardize their exemption status.
Jim (04:22):
So to help prevent unauthorized extension of breaks, can an employer
require employees to remain on theemployer's premises during rest breaks?
Meryl (04:32):
That depends on the state.
Forcing an employee to remain onthe premises during a rest break
could be considered a violation ofthe state's requirements, so you
really need to check your state law.
However, employers can disciplineemployees for unauthorized
extensions of rest breaks inaccordance with their company policy.
And this can sometimes be enough ofan incentive for employees to return
(04:53):
from breaks on time, regardless ofwhether they leave the premises.
Jim (04:57):
So Meryl, what about situations in which non-exempt employees take
unauthorized extensions of meal periods?
Meryl (05:04):
Well, provided the meal period was at least 30 minutes without interruption.
And the employee was fullyrelieved of all duties.
Typically, no pay would be requiredfor the entire time that the
non-exempt employee was away from work.
An employer may also generally disciplineemployees for unauthorized extensions
(05:25):
of meal periods in accordance with theircompany policy where that's appropriate.
So employers should make suretheir managers are trained
on their company policy.
Those managers are treating employeesconsistently, including understanding
if there's any protected reasonfor an unauthorized extension.
Jim (05:42):
Meryl can an employer require employees to take their meal
periods on company premises to helpprevent unauthorized extensions?
Meryl (05:51):
Under certain state laws requiring employees to stay on premises may affect
whether the meal period must be paid.
So again, you should check your statelaw to make sure that you're complying.
Jim (06:02):
So what if an employer has an exempt employee who took a three hour lunch?
Are they still entitled to theirfull salary for that work week?
Meryl (06:11):
Yes.
However, the employer maytypically discipline employees for
unauthorized extensions of mealperiods in accordance with their
company policy if they have one.
An employer should train on theircompany policy and then make sure
again, that their employees aretreated consistently, and that includes
understanding if there's any protectedreason for the unauthorized extension.
Jim (06:33):
Meryl, as always, this is very informative and helpful and this
brings us to the end of this episode.
Once again, thank youfor coming on the show.
We enjoyed the discussion andalways love having you here.
So, as I always do, Meryl, I take downa couple of notes While you are sharing
your thoughts, I'm gonna run through themand please just keep me honest, okay?
Mm-hmm.
So the first, uh, rest breaks of20 minutes or less must be paid.
(06:57):
Meal periods may be unpaid, providedthe meal period was at least 30 minutes
without interruption, and the employeewas fully relieved of all duties.
Generally, when employees takeunauthorized extensions of rest
breaks, the time must be paid ifthe period lasts 20 minutes or less.
However, federal law may permit employersto exclude unauthorized extensions of rest
(07:23):
periods from hours worked as long as theemployer expressly and clearly advises
non-exempt employees about three things.
The first breaks may onlylast for a specified duration.
Second unauthorized extensions are inviolation of the employer's rules or
policy, and third violations of theemployer's policy will be punished.
(07:47):
So just a couple more things hereto note, depending upon the state.
Forcing employees to remain on thepremises during rest breaks may
be considered a violation of staterequirements under certain state
laws requiring employees to stayon premises may affect whether
the meal period must be paid.
And my last recap note here is employersare prohibited from reducing and exempt
(08:10):
salary for unauthorized extensionsof rest breaks and meal periods.
The employee may typicallybe subject to other forms of
discipline, so I just recapped a lot.
How'd I do?
Meryl (08:21):
You captured that all really well.
Thank you.
Jim (08:24):
Thank you
Meryl.
Presented by ADP, HRpreneur focuses on the entrepreneurs and business
drivers who are helping shape thegrowth of their companies and positively
impacting the lives of their employees.
With each episode, we'llbring the experts to you.
We'll answer your questions
and help you think beyond today so youcan discover more success tomorrow.
(08:44):
Thanks also to our listeners forjoining us for today's episode.
Be well, and hope you'll join us again soon.
Taking breaks at work can help promote employee efficiency, and typically
these breaks must be paid. By contrast,
meal periods, if they meetcertain requirements, typically
do not need to be paid.
Many states have laws thatrequire employers to provide
meal and break periods, whetheremployers ultimately provide breaks
(00:20):
and meal periods voluntarily.
Or because they're required todo so, there may be times when
employees misuse this time, such asby taking unauthorized extensions.
This podcast will provide ideasfor employers to help prevent
and respond to such misuse.
Welcome to HRPreneur.
I'm Jim Duffy.
From Main Street to yourStreet, the HRPreneur Podcast
(00:43):
Is centered around helping smallbusinesses like yours gain the knowledge
you need from HR, payroll, and hiringto time taxes, benefits, and insurance.
Today we'll talk with ourguest Meryl Gutterman.
Meryl works as Senior Counsel with ADP,
providing guidance on employment laws.
Hello there, Meryl.
As always, it's great tohave you back on our podcast.
Meryl (01:03):
Hi Jim.
Thanks for having me back.
It's great to be here again.
Jim (01:07):
So, Meryl, I think it would be great if we could start by reviewing
the pay rules for rest periods.
Would you mind sharing someperspectives for our listeners?
Meryl (01:14):
Of course, the general rule is that if you provide a rest break,
which is considered any periodlasting 20 minutes or less, that the
employee is allowed to spend awayfrom work, that break has to be paid.
It's the duration of the break.
That is really what's considered the solefactor used when determining whether pay
(01:36):
is required, not the reason for the break.
The time used for that break mustalso be included when determining
whether the employee is entitledto overtime in that work week.
So with that said, it's important tomake sure your employees don't clock out
for breaks that last 20 minutes or less.
Jim (01:52):
Thank you for that start, Meryl.
How about the pay rules for meal periods?
Meryl (01:58):
Meal periods are treated differently.
They're typically unpaid ifthey meet certain requirements.
So specifically for ameal period to be unpaid
under federal law, the meal periodmust be at least 30 minutes without
interruption, and the employee must befully relieved of all their duties for
the purposes of eating a regular meal.
(02:18):
If the meal period doesn't meet theserequirements, then it has to be paid
and the time must be included whenfiguring out whether the employee is
entitled to overtime in that work week.
So for example, if you were to requireyour employee to sit at their desk
while they're eating their lunch, incase any calls were to come in and
they're not completely relieved oftheir duties, then they have to be
(02:40):
paid for that entire time, even ifthey don't actually answer any calls.
Jim (02:44):
So Meryl, let's say an employer is required by state law to give
employees two rest breaks per eighthour shift, and the breaks are
supposed to be 15 minutes each.
What if one employee routinely takeslonger rest breaks, say maybe 20
to 25 minutes without authorization?
Does the excess or unauthorizedbreak time have to be counted
(03:07):
as hours worked and paid?
Meryl (03:09):
Typically when employees take unauthorized extensions of
rest breaks, the time must be paid
if the break still lasts20 minutes or less.
But federal law permits employers toexclude unauthorized extensions of.
Rest periods from hours worked aslong as the employer expressly and
(03:31):
clearly tells the employee that thebreaks may only last for specified
duration such as 20 minutes, and alsotells the employee that unauthorized
extensions would be in violation ofthe employer's rules or their policy
tells the employee that violations ofthe employer's policy will be punished.
Jim (03:52):
Meryl,
this type of policy for unauthorizedextensions can only apply to employees
who are non-exempt from overtime.
Is that right?
Meryl (04:00):
Yes, that's right.
This applies to non-exempt employeesand that is an important caveat.
As you may know, exempt employees
have to generally receive their fullsalary in any work week that they perform.
Work deductions from an exemptemployee's weekly salary for
unauthorized extensions of breaks couldjeopardize their exemption status.
Jim (04:22):
So to help prevent unauthorized extension of breaks, can an employer
require employees to remain on theemployer's premises during rest breaks?
Meryl (04:32):
That depends on the state.
Forcing an employee to remain onthe premises during a rest break
could be considered a violation ofthe state's requirements, so you
really need to check your state law.
However, employers can disciplineemployees for unauthorized
extensions of rest breaks inaccordance with their company policy.
And this can sometimes be enough ofan incentive for employees to return
(04:53):
from breaks on time, regardless ofwhether they leave the premises.
Jim (04:57):
So Meryl, what about situations in which non-exempt employees take
unauthorized extensions of meal periods?
Meryl (05:04):
Well, provided the meal period was at least 30 minutes without interruption.
And the employee was fullyrelieved of all duties.
Typically, no pay would be requiredfor the entire time that the
non-exempt employee was away from work.
An employer may also generally disciplineemployees for unauthorized extensions
(05:25):
of meal periods in accordance with theircompany policy where that's appropriate.
So employers should make suretheir managers are trained
on their company policy.
Those managers are treating employeesconsistently, including understanding
if there's any protected reasonfor an unauthorized extension.
Jim (05:42):
Meryl can an employer require employees to take their meal
periods on company premises to helpprevent unauthorized extensions?
Meryl (05:51):
Under certain state laws requiring employees to stay on premises may affect
whether the meal period must be paid.
So again, you should check your statelaw to make sure that you're complying.
Jim (06:02):
So what if an employer has an exempt employee who took a three hour lunch?
Are they still entitled to theirfull salary for that work week?
Meryl (06:11):
Yes.
However, the employer maytypically discipline employees for
unauthorized extensions of mealperiods in accordance with their
company policy if they have one.
An employer should train on theircompany policy and then make sure
again, that their employees aretreated consistently, and that includes
understanding if there's any protectedreason for the unauthorized extension.
Jim (06:33):
Meryl, as always, this is very informative and helpful and this
brings us to the end of this episode.
Once again, thank youfor coming on the show.
We enjoyed the discussion andalways love having you here.
So, as I always do, Meryl, I take downa couple of notes While you are sharing
your thoughts, I'm gonna run through themand please just keep me honest, okay?
Mm-hmm.
So the first, uh, rest breaks of20 minutes or less must be paid.
(06:57):
Meal periods may be unpaid, providedthe meal period was at least 30 minutes
without interruption, and the employeewas fully relieved of all duties.
Generally, when employees takeunauthorized extensions of rest
breaks, the time must be paid ifthe period lasts 20 minutes or less.
However, federal law may permit employersto exclude unauthorized extensions of rest
(07:23):
periods from hours worked as long as theemployer expressly and clearly advises
non-exempt employees about three things.
The first breaks may onlylast for a specified duration.
Second unauthorized extensions are inviolation of the employer's rules or
policy, and third violations of theemployer's policy will be punished.
(07:47):
So just a couple more things hereto note, depending upon the state.
Forcing employees to remain on thepremises during rest breaks may
be considered a violation of staterequirements under certain state
laws requiring employees to stayon premises may affect whether
the meal period must be paid.
And my last recap note here is employersare prohibited from reducing and exempt
(08:10):
salary for unauthorized extensionsof rest breaks and meal periods.
The employee may typicallybe subject to other forms of
discipline, so I just recapped a lot.
How'd I do?
Meryl (08:21):
You captured that all really well.
Thank you.
Jim (08:24):
Thank you
Meryl.
Presented by ADP, HRpreneur focuses on the entrepreneurs and business
drivers who are helping shape thegrowth of their companies and positively
impacting the lives of their employees.
With each episode, we'llbring the experts to you.
We'll answer your questions
and help you think beyond today so youcan discover more success tomorrow.
(08:44):
Thanks also to our listeners forjoining us for today's episode.
Be well, and hope you'll join us again soon.
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