Ask the Expert: Are There Exceptions to State Meal Break Requirements?

Question: Are there any exceptions to meal and rest break requirements, and are there meal penalties for not allowing staff to take proper breaks? Can we allow employees to waive their meal breaks if they work six hours instead of eight?

Answer: This question is mainly controlled by state law. Federal law, for its part, is relatively straightforward: The Fair Labor Standards Act (FLSA) doesn’t require meal or rest breaks. But state laws concerning meal and rest breaks vary widely across the country.

Some states lack any laws concerning meal and rest periods. Instead, they defer to the barebones FLSA requirements. Idaho law, for example, doesn’t mandate meal and rest breaks for employees. Therefore, Idaho employees are entitled only to breaks or meal periods insofar as the employer’s policy provides them. Likewise, an Idaho employer can implement a policy that dictates how (or whether) an employee may waive their meal or rest breaks. While this is strictly a matter of employer policy, it’s best practice to require such waivers to be in writing.

In contrast, states such as Oregon have more stringent requirements than the FLSA. Oregon law requires employers to provide a certain number of meal and rest breaks depending on the length of the work period. There are some exceptions to this rule, the primary exception being that employees working as tipped food and beverage servers can voluntarily waive their meal period under certain conditions. But outside one of the limited exceptions, an employer must provide meal and rest breaks. Failure to do so can result in a fine of up to $1,000 for each violation.

In sum, this is a very state-specific question that has varying consequences depending on the jurisdiction. An employer seeking further guidance on this matter should consult an employment law attorney with knowledge of the applicable state laws.

Garrett Kitamura is an attorney in the Boise office of Parsons Behle & Latimer. He can be reached at gkitamura@parsonsbehle.com.

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