Meal and Rest Periods

Date Updated: May 9th, 2012

Non-exempt employees who work an 8-hour shift are provided two 10-minute rest periods per shift, one in each 4-hour period. Rest periods, should be taken in the middle of each work period. Rest periods may not be combined, added to a meal period, or taken at the beginning or end of the workday. Rest periods are considered employer paid time.

Meal periods of at least 30 minutes are provided for each non-exempt employee. Meal periods are an uninterrupted period during which employees are relieved of all work duty obligations. Employees are entitled to a meal period for every five hours of work. Non-exempt employees are required to record the beginning and end of their meal periods. Meal periods are unpaid.

 

Meal period timing requirements are:

  • A first meal period must be taken no later than the end of an employee’s fifth hour of work;
  • A second meal period must be taken no later than the end of an employee’s tenth hour of work;
  • The first meal period may be waived by mutual consent of the employee and the supervisor, if the employee works no more than six hours in a work day:
  • The second meal period may be waived if 1) the first meal period was not waived; and 2) the employee works no more than twelve hours in a work day.