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Meal and Rest Breaks

A Meal and Rest Breaks policy sets clear expectations for when employees can take paid rest breaks and unpaid meal periods, how breaks are scheduled and recorded for non-exempt employees, and how your organization will comply with state and local rules that may require specific timing, duration, and duty-free break protections.

How to Write a Meal and Rest Breaks Policy

  • Start with "why" and introduce the concept.
  • Define who the policy covers and note that break rights can vary by role, age, and location.
  • State the core meal break rule and clarify that meal breaks are unpaid and duty-free.
  • State the core rest break rule and clarify that rest breaks are paid and duty-free.
  • Explain that employees must not work during breaks and that no one should ask them to.
  • Set expectations for coordinating break timing with the work schedule.
  • Explain timekeeping expectations for unpaid meal breaks.
  • Provide a clear path for employees to report missed, discouraged, or interrupted breaks.
  • Cross-reference related policies that may apply separately, such as lactation accommodations, and remind employees to follow any location-specific rules.

 

For advice on writing a Meal and Rest Breaks policy in a specific jurisdiction, see below.

How to Write a Meal and Rest Breaks Policy for a Specific Jurisdiction

Reminder

The information provided here does not, and is not intended to, constitute legal advice. Only your own attorney can determine whether this information, and your interpretation of it, applies to your particular situation. You should contact legal counsel for advice on any specific legal matter.