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Paid vs unpaid breaks: setting them once

Federal law doesn't require lunch or rest breaks. If you offer short rest breaks, usually 5 to 20 minutes, federal law counts them as paid hours worked. A bona fide meal period, typically 30 minutes or more, can be unpaid if the person is completely relieved of duty. Some states require breaks and set whether they're paid. This isn't legal advice. Check your state.

The federal baseline

The Fair Labor Standards Act doesn't make you provide a lunch or a coffee break. Once you offer short breaks of about 5 to 20 minutes, those minutes are hours worked. They count toward the 40-hour overtime threshold.

A bona fide meal period is different. It's typically 30 minutes or more, and the person must be completely relieved from duty for the purpose of eating regular meals. If they have to do any work during the meal, that time is hours worked. Under federal rules, you don't have to let someone leave the premises for a meal period to be unpaid, as long as they're freed from duties. State rules can be stricter.

What some states require

Break rules vary, and they change. The notes below are general. This isn't legal advice. Check your state.

In California, employees must be provided a meal period of at least 30 minutes when the work period is more than 5 hours, generally no later than the end of the fifth hour of work. It can be waived by mutual consent if the total work period is no more than 6 hours. A second 30-minute meal is required if the person works more than 10 hours, with a limited waiver if the total is no more than 12 hours and the first meal was taken. Unless the person is relieved of all duty and free to leave the premises, the meal is on-duty and must be paid. Rest periods are a paid net 10 consecutive minutes for each 4 hours worked, or major fraction thereof. The Division of Labor Standards Enforcement treats more than 2 hours as a major fraction. A rest period isn't required if total daily work time is less than three and one-half hours.

In Colorado, employees on shifts over 5 consecutive hours are entitled to an uninterrupted, duty-free 30-minute meal period. It can be unpaid only if the person is completely relieved of all duty and free to pursue personal activities. If an uninterrupted meal is impractical, they must be allowed to eat on duty and that time is paid. Employers must authorize and permit a paid 10-minute rest period for each 4 hours of work, or major fraction, meaning more than 2 hours.

In Nevada, official guidance is a paid 10-minute rest period for each 4 hours of work, and an unpaid 30-minute meal period when someone works 8 continuous hours. Confirm the current rule with the Nevada Office of the Labor Commissioner.

Many states have no meal or rest requirement for adult employees. In those states, the federal paid-versus-unpaid test still applies to any break you do offer.

Setting breaks once in Firmhours

In Firmhours, you set breaks and lunches as paid or unpaid for the whole company. Paid breaks count as hours. Unpaid meals don't, if they're truly duty-free under the rule that applies. That choice affects weekly overtime, so set it to match how you actually run the day, and check the rule in each state where people work.

A long break can carry a flag and a reason on the time card, so the manager sees it before approving the day. Nothing is corrected for you. If the punch is wrong, fix it, then approve.

The product page has the current list of what's included, including paid or unpaid breaks. How hours, overnight shifts, and flags are counted is also in the FAQ.

FAQ

Does federal law require a lunch break?

No. Federal law doesn't require lunch or coffee breaks. If you offer a short rest break, usually 5 to 20 minutes, it counts as paid hours worked. A bona fide meal period, typically 30 minutes or more, can be unpaid if the person is completely relieved of duty. Some states require meal or rest periods. This isn't legal advice. Check your state.

Are rest breaks paid or unpaid?

Under federal rules, short rest breaks of about 5 to 20 minutes are hours worked and must be paid. A bona fide meal period can be unpaid if the person is completely relieved of duty. Some states, including California, Colorado, and Nevada, require paid rest periods. This isn't legal advice. Check your state.

Can I set paid and unpaid breaks in Firmhours?

Yes. You set breaks and lunches as paid or unpaid for the whole company. Paid breaks count as hours. Unpaid meals don't.

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