Meal Breaks: New Jersey

This Meal Breaks policy applies to employees in New Jersey who are under age 18 under New Jersey's child labor rules (N.J.A.C. 12:56-6.4 through 12:56-6.6), which require an unpaid, uninterrupted 30-minute meal break after 5 hours of continuous work and clarify that shorter breaks don't reset the 5-hour clock. A clear, New Jersey-specific policy helps you set expectations for scheduling and coverage, supports compliant timekeeping, and gives minors a straightforward way to raise concerns if they're prevented or discouraged from taking a required break.

The History Behind Meal Breaks Policies in New Jersey

Rules on meal breaks in New Jersey, part of their Wages & Hours set of laws, applies only to where lawmakers thought the risk was highest: minors working long stretches without the chance to eat and reset.

NJ employees who are under 18 must get an unpaid 30-minute break after 5 hours of continuous work. The law also closes a loophole employers sometimes try without thinking it through, short breaks under 30 minutes don't "stop the clock" on the 5-hour stretch. In other words, a couple of quick breathers don't replace a real meal period, and the break is supposed to be duty-free so the employee can actually step away.

What's interesting is that lawmakers in New Jersey didn't build a universal meal-break scheme into state wage law the way some other states have, and that leaves those who employ minors with a choice to either set a consistent break practice for everyone or run a split system for minors and everyone else separately.

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

If you create and distribute a Meal Breaks Policy for your New Jersey-based employees, it is in an effort to comply with New Jersey's N.J.A.C. 12:56-2.21.4, N.J.A.C. 12:56-2.21.5, and N.J.A.C. 12:56-2.21.6 (New Jersey child labor rules addressing meal and rest periods for minors).

How to Write a New Jersey-Specific Meal Breaks Policy

• Start with "why" and introduce the concept of meal breaks for minors in New Jersey.
• Define who the policy covers by limiting it to employees under age 18.
• State the core meal break entitlement for covered employees.
• Clarify that short breaks don't count as interrupting a continuous work period.
• Explain that meal breaks are unpaid and duty-free, and that employees may leave the workplace.
• Tell employees where to go with schedule or break questions.
• Explain how employees should report being prevented or discouraged from taking a break.

When to Include this Policy in Your Employee Handbook

If you have employees in New Jersey and you don't have a similar policy that's available for all US employees, you should include this policy in your employee handbook for New Jersey-based employees. 

The law states: 

"Every employer shall post and keep posted in a conspicuous place in the establishment where any minors are employed, a printed abstract of the child labor law and of the rules and regulations issued thereunder, furnished by the Commissioner." (N.J.A.C. 12:56-2.21.4)

Your employee handbook qualifies. 

Other Considerations

The law applies to New Jersey employers who have at least 1 employee in the US.

Exceptions

None.