For more information about New Jersey employer obligations, visit the New Jersey labor law posting requirements.
Unlike states such as California and New York, New Jersey labor laws do not require employers to provide meal and rest breaks to most adult employees. The decision to offer employee breaks in New Jersey is generally left to the employer’s discretion.
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Do New Jersey Labor Laws Require Breaks?
Legally, employee breaks in New Jersey are not mandated for employees age 18 or older. Instead, employers must follow the federal Fair Labor Standards Act (FLSA), which also does not require meal or rest breaks for adults. As a result, adult employees in New Jersey have no legal right to scheduled breaks. The only exception is for minors under 18, who are entitled to a meal break.
“Completely Relieved of Duties” Meaning
Regarding employee breaks in New Jersey, it’s essential to determine whether workers are entirely relieved of their duties when determining if compensation applies. Generally, employers cannot expect employees to perform any work or be otherwise on duty. They should also be free to leave the premises.
What Are New Jersey’s Break Law Requirements?
New Jersey Meal Break Laws
While work break laws in New Jersey do not require meal breaks for adults, many employers choose to offer them to support employee well-being and productivity. State law requires at least a 30-minute uninterrupted break for every five hours worked for minors under 18. Once an employee turns 18, there is no legal entitlement to breaks under state or federal law.
If your company provides meal breaks as a benefit, you must comply with federal rules. Meal breaks of at least 30 minutes, where the employee is completely relieved of all duties, do not need to be paid. However, if an employee is required to work during the break—such as answering phones or monitoring equipment—the time must be compensated. Employers must also ensure that meal breaks are provided fairly and not denied based on sex, race, disability, national origin, religion, or age.
A common compliance issue is allowing employees to perform work during a meal break, which makes the break compensable. To avoid this, clearly communicate your policy and consider requiring employees to leave their workstations during meal breaks.
New Jersey Labor Laws on Rest Breaks
New Jersey employers are not required to provide rest breaks to adults, except for minors. However, many companies offer short rest breaks as a matter of policy. If rest breaks are provided, federal law requires that breaks lasting up to 20 minutes must be paid.
The FLSA mandates that employers offer reasonable break time and a private space that is not a bathroom for nursing mothers to pump milk for one year after childbirth. This applies to non-exempt employees and exempts employers with fewer than 50 employees if providing such breaks would be an undue hardship. These breaks do not need to be paid unless your company provides paid breaks to other employees for similar purposes.
Implications of the PUMP Act on New Jersey Break Laws
The requirements for a work break in New Jersey predate the implementation of the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act of 2022. This law significantly expands the federal protections for breastfeeding mothers in the workplace.
Employers must comply with whichever federal or state law provides greater protection in these areas:
- Reasonable break time: This requirement is flexible and refers to the time required for each occurrence when an employee must express milk.
- Suitable room other than a toilet stall: The room used for breastfeeding must be private, shielded from view, free from intrusion, clean, have a place to sit and potentially provide access to electricity for a pump.
- Compensation: Under the PUMP Act, these breaks are unpaid unless the employer provides paid breaks to other employees for similar purposes/durations. New Jersey law applies if it offers more generous pay. Generally, NJ law mirrors FLSA/PUMP and usually doesn’t require pay unless other employees get paid breaks of similar length.
- Duration: The PUMP Act typically applies up to one year after the child’s birth. New Jersey laws do not specify an age requirement or limit for children for whom employees are pumping.
- Undue hardship exemption: The PUMP Act has an exemption for employers with fewer than 50 employees if compliance would impose an undue hardship. The New Jersey Law Against Discrimination also exempts employers with fewer than 50 employees.
- Notice requirements: New Jersey laws do not require employees to give advance notice of needing lactation breaks, although they are encouraged to do so before returning to work after maternity leave.
Penalties for Violating New Jersey Meal Break Laws or Rest Requirements
Employers can refuse to allow breaks except for minors under age 18. However, if a break is provided or if work is performed during a designated meal break, employees must be paid for that time. Failure to comply may result in wage and hour complaints and potential liability for unpaid wages.
Where to Get More Information About New Jersey Break and Labor Laws
To learn more about employer obligations under New Jersey labor laws, including posting requirements for wage and hour and other labor laws, visit our New Jersey labor law posting requirements page.
Where to Get More Information About Other Meals and Breaks Laws
If you manage a multi-state workforce, our meals and breaks guide is continuously updated to help HR professionals and business owners stay informed about requirements in one place. Our labor law experts stay up to date on changes so you can maintain ongoing compliance with confidence. Bookmark this page for easy access to the latest on New Jersey break laws and more.
