Workers in New Jersey might wonder whether they are entitled to lunch breaks and whether they are supposed to be paid for the time that it takes them to eat. Under federal law, employers do not have to give rest breaks to employees. The time that workers spend eating meals are typically unpaid and are not considered to be work. The attorneys at Swartz Swidler can explain your rights regarding meal and rest breaks at your job.
Meal breaks
Under federal law, employers are not required to give their workers meal or rest breaks. In New Jersey, employers must provide workers who are under the age of 18 with 30-minute breaks after they have worked for five hours. New Jersey does not require that employers give workers who are 18 or older any breaks.
Rest breaks
Federal regulations do not require that employers give a certain number of breaks to their employees. In New Jersey, state laws do not require employers to offer rest breaks to their employees.
Company policies
Most employers have policies that provide for break time during each work shift. People may also be entitled to breaks under collective bargaining agreements. People should check their company policies to learn about the breaks that they might receive.
Pay during breaks
Employers are not required to give their employees breaks, and they are also not required to pay them for the time that they spend on breaks other than short breaks. Under federal law, employers must pay workers for the time that they spend on short breaks of less than 20 minutes. Employees who work through their lunches are entitled to be paid. The time that you spend working through lunch should also be included in calculating overtime pay. If you are forced to work through your lunch and are not paid for it, you may have legal rights. Swartz Swidler may be able to help you to recover the pay that you should have received for working through your unpaid lunches and for overtime.
Breaks for nursing mothers
Under the Affordable Care Act, employers must give nursing mothers reasonable breaks so that they can express breast milk for their infants up to age 12 months. If you are a nursing mother who is denied time to express milk, you should talk to the lawyers at Swartz Swidler. Call us today to schedule a consultation.
