Although lunch breaks are considered common practice during the workday, they are not required by law in some states. While many would argue that they are necessary to power down and recharge to continue to be productive throughout the day, they are not mandated in New Jersey. According to both state law and the Fair Labor Standards Act (FLSA), employers who offer short breaks are required to pay their employees for time taken of less than 20 minutes. However, meal breaks that last more than 30 minutes are not required to count as paid time.
What if I Work Through My Lunch?
Where there may be a bit of confusion or one might encounter a gray area is when an employee is technically given a lunch break but is required to work through it. For example, a secretary who is asked to cover the phones at lunch or a repairman who eats a quick bite on the road between service calls does not qualify as a lunch break. An employee must be relieved of all duties to qualify as an unpaid lunch break. Therefore, if you work through your lunch or continue to work at your desk, you should be paid for this time even if you are eating lunch at the same time.
If you are required to work while eating and are not paid for this time, you could file a wage and hour violation complaint with the New Jersey Division on Civil Rights (NJDCR). To avoid confusion, employers may consider asking employees to leave their work area while taking their lunch break.
What if I Am Denied a Lunch but Others Are Not?
Employers also cannot deny lunch breaks in a discriminatory manner. Therefore, you cannot be denied a break based on characteristics such as race, sex, religion, age, ethnicity, or disability. You also cannot be denied a lunch break while others in a similar position are permitted to power down and take a lunch break. This would be considered discriminatory as well and illegal in any state.
What Are Exceptions to Lunch Break Laws?
While lunch breaks are not required for adults, they are mandatory for those under 18 years old. Both state and federal laws entitle those under 18 to a 30-minute break for every five consecutive hours worked. They are also entitled to a 10-minute break for every four hours of work as a measure of protection to avoid overworking the state’s young workforce.
For a breastfeeding employee, their right to pump milk during working hours is protected by the New Jersey Law Against Discrimination (NJLAD) which states employees must be given adequate time to pump (at least 30 minutes) and a location other than a bathroom that has a chair and small table, an electrical outlet, a sink and a refrigerator or similar space for storage of the expressed milk. Those who fail to provide these accommodations may be in violation of the law. However, it is important to note that these breaks do not have to be paid.
Knowing the law as well as your rights is paramount in ensuring that you are fairly compensated for your time worked. If you have an employee handbook or other form of agreement that clearly spells out your lunch breaks, you may have an easier time waging a complaint. However, anyone caught refusing to pay wages for time worked should be held accountable.
Explore Your Rights as an Employee with a South Jersey Employment Lawyer at The Law Offices of Leo B. Dubler, III, LLC
Whether you think you have been cheated out of wages or simply want to inquire about the laws regarding lunch breaks, talk to a South Jersey employment lawyer at The Law Offices of Leo B. Dubler, III, LLC. For a free consultation, call 856-235-7075 or submit our online contact form. With office locations in Mount Laurel and Atlantic City, New Jersey, we proudly serve clients in Cherry Hill, Burlington County, Camden County, and South Jersey.