Am I Entitled To Rest Breaks and Do I Get Paid For Them?


Federal law does not require rest breaks but, if your employer gives you rest breaks (which are generally for between 5 and 20 minutes), you are entitled to be paid for that time. The break time is included in the total hours you work and counts toward overtime.

If you take more break time than your employer allows, that extra time will not be counted toward the total hours you work. That is the case as long as your employer has clearly communicated that rest breaks can only last for a certain period of time, that any longer break time is against the employer’s rules, and that any extension of the break will be punished.

Employees should keep track of the hours they work, as well as their break time, even if they punch in and out on the employer’s time clock. That way, in case of a dispute with an employer over the hours worked or break time taken, the employee has his/her own record of the time worked.

Have you been paid for all of your rest break time? Have you received all of the regular hourly pay and overtime pay to which you are entitled? If not, tell us your story.