How to comply with meal and rest break law and policy

Abstract: 

This article provides a comprehensive overview of meal and rest break compliance issues for employers.

Key points:

  • Review of relevant federal and state laws governing meal and rest breaks
  • Common reasons for non-compliance, including lack of understanding, understaffing, insufficient management oversight, and corporate culture issues
  • Discussion of the "false tug-of-war" between employee interests and compliance efforts
  • Proposed solutions for facilitating compliance, such as sufficient staffing, reliable timekeeping, and management commitment
  • Framework for evaluating organizational risk factors, including:
    - How the company's business model impacts break scheduling
    - Organizational structure and policies supporting compliance 
    - Company culture around breaks and compliance
    - Staffing and labor scheduling practices
    - Performance measurement and compensation systems
    - Processes for identifying and addressing non-compliance


Dr. Cristina Banks emphasizes that while having proper systems in place does not guarantee compliance, establishing a culture of compliance is key to minimizing violations and legal risk. Employers are advised to critically review their operations and implement structures to achieve greater compatibility between employee needs, legal requirements, and company policies.

Publication date: 
June 1, 2006
Publication type: 
Article
Citation: 
Banks, C.G. How to comply with meal and rest break law and policy. HR Advisor, May-June, 2006.