Meal and Rest Breaks: Maryland

This Meal and Rest Breaks policy applies to employees at certain retail establishments in Maryland and is designed to help your organization set clear, consistent expectations for when employees can take duty-free break time based on consecutive hours worked, including when they're free to leave the workplace and how to raise concerns if a break is prevented or discouraged. Maryland doesn't have a single, comprehensive statewide meal and rest break law that covers most adult employees in all industries, so employers should only use this policy when it applies to them.

The History Behind Meal and Rest Breaks Policies in Maryland

Maryland's approach to meal and rest breaks relates to Wages & Hours rights for employees. For years, the federal Fair Labor Standards Act set the pay rules for short breaks and bona fide meal periods, but it didn't require employers to provide breaks in the first place. That left states to decide whether they wanted a clearer floor for break time, especially in jobs where "we'll get to lunch when we can" quickly turns into "we didn't get to lunch at all."

Maryland answered with a straightforward structure in Md. Code, Labor and Employment § 3-710: if an employee works a certain number of consecutive hours, they're entitled to a minimum amount of nonworking break time, meaning the employee is relieved of duties and can use the time for themselves, not as a chance to keep answering phones or staying "on call" at their desk.

Which Law is the Meal and Rest Breaks Policy Meant to Comply With?

If you create and distribute a Meal and Rest Breaks Policy for your Maryland-based employees, it is in an effort to comply with Maryland's Maryland Labor and Employment Article, Section 3-710.

Which Maryland Employers Need this Policy?

MD § 3-710 applies to retail establishment businesses (or franchises operating under the same trade name) in Maryland that have 50 or more retail employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.

Exemptions:

• Wholesalers
• Restaurants
• Locations with 5 or fewer employees
• Corporate office locations
• Exempt employees
• Government employees

How to Write a Maryland-Specific Meal and Rest Breaks Policy

• Start with "why" and introduce the concept that break time depends on the length of the workday.
• Define how meal and rest break time is earned based on consecutive hours worked.
• State that breaks are nonworking time and employees are relieved of all duties during breaks.
• Clarify that employees may leave the workplace during breaks.
• Explain how employees can ask questions about schedules and breaks.
• Explain how employees should report being prevented or discouraged from taking breaks.

When to Include this Policy in Your Employee Handbook

The law does not require you to publish a policy or issue a specific notice. That said, you still have to comply with the requirements that apply to you as an employer. 

This is a "depends on your workplace" policy. Include it if you offer the benefit, operate in a setting where this comes up, have a state-specific rule that differs from your national approach, or you've had issues in this area before. If you already have a clear all-employee policy that covers the same ground (and it meets Maryland's requirements), you may not need a separate policy here. 

Other Considerations

The law applies to Maryland employers who have at least 50 employees working in Maryland who are not exempt (see above or reference MD § 3-710).

Exceptions

None.