Employment Lawyers Fighting for Workers’ Rights in New Jersey, Pennsylvania & Throughout the United States

New Jersey Meal and Rest Breaks

New Jersey State Labor Laws

Some employers in New Jersey give their employees meal and rest breaks, but the federal law doesn’t grant employees the right to take time off to eat or to take small breaks while they are working. Employees have to be paid for breaks that they are allowed to take, but the employers don’t have to offer these breaks to the employees.

Fortunately, most employers go ahead and give their employees meal and rest breaks.

While some states mandate that employers give meal breaks or rest breaks, New Jersey does not. In the state, employers do not have to give their employees meal or rest breaks. If you have a question about your meal or rest breaks, talk to Swartz Swidler.

Schedule an appointment today. Call (856) 685-7420 or

Schedule an appointment today.
Call (856) 685-7420 or

Paid vs. unpaid breaks under federal law

Employers are required to pay their employees for the time that they work, including some periods of time that the employer might deem as breaks. For example, if workers eat lunch in their offices while they continue to work, they must be paid for the time even if their employers have referred to it as a lunch break. Employers must also pay for short breaks that last from five to 20 minutes under federal law.

Federal law also requires employers to pay for short breaks an employee is allowed to take during the day. Breaks lasting from five to 20 minutes are considered part of the workday, for which employees must be paid.

Employers are not required to pay their employees for lunch breaks in which the employee does not perform any work. A meal break is considered to be bona fide if it is at least 30 minutes long.

Contact Swartz Swidler

While there are some states that require employers to provide meal or rest breaks, New Jersey is not one of them. In the state, employers must follow the federal rules. This means that breaks are not required, but employers must pay their employees for all of the time that they spend working as well as for shorter breaks if they choose to give them to their employees. If you have questions about meal or rest breaks, or you have been required to work through your lunch break without being paid for it, contact Swartz Swidler to learn about the rights that you might have.

Most Frequently Asked Question: Do I Have A Case?

While it is true that every case is different, The law is pretty clear in most cases. The best way to determine if you have a case is to contact one of our attorneys. For more information check out the FAQ below or visit our FAQ Page

Most Frequently Asked Question:
Do I Have A Case?

While it is true that every case is different, The law is pretty clear in most cases. The best way to determine if you have a case is contact one of our attorneys. For more information on a just a few scenarios checkout the flip box FAQ below or visit our FAQ Page.

Our Locations

Cherry Hill Headquarters

1101 Kings Hwy N
Suite 402
Cherry Hill, New Jersey 08034

Phone: (856) 685-7420
Fax: (856) 685-7417

Philadelphia Satellite Office

123 South 22nd Street
Philadelphia, PA 19107

Phone: (215) 995-2733

Our Locations

Cherry Hill Headquarters

1101 Kings Hwy N
Suite 402
Cherry Hill, New Jersey 08034

Phone: (856) 685-7420
Fax: (856) 685-7417

Philadelphia Satellite Office

123 South 22nd Street
Philadelphia, PA 19107

Phone: (215) 995-2733