Meals Breakd and Rest periods3

 

Whether an employer permits its employees to have meal breaks and rest breaks is largely within the employer’s discretion. Although some states, like California and New York, have strict requirements for employers to provide meal and rest breaks, Ohio is not one of them.

 

Under Ohio law, there is no requirement for an employer to provide a meal period or rest break to its adult employees age 18 or older. Instead, employers must adhere to the requirements of the federal Fair Labor Standards Act (FLSA), which also does not require employers to offer employees a meal or rest break. Thus, in Ohio, an adult employee does not have a legal right to breaks. Ohio’s only requirement for a meal break applies to minor employees under age 18.

Here is a summary of what Ohio labor laws require:

 

Meal Breaks in Ohio

 

Many employers voluntarily offer meal breaks to improve their employees’ job satisfaction and productivity. However, there is no legal requirement to provide a workday meal break in Ohio, except for employees who are 17 or younger.

 

In the Buckeye state, until employees reach the age of 18, minor employees must be given at least a 30-minute uninterrupted break for every 5 hours of continuous work.

 

Adult employees are not entitled to any breaks under federal or state law. However, if an employer offers a meal break as part of its company policy, then it must adhere to federal requirements.

 

Federal law requires that employees be paid for hours worked. If the employer offers a meal break of at least 30 minutes during which the employee is relieved of all job duties, then the employer does not have to compensate the employee during the meal break. However, if the employee is required to work through the designated “meal break” (for instance, a receptionist who must still answer the phone during lunch), then the employee must be paid.

 

Meal breaks must not be provided in a discriminatory manner. In other words, an employer cannot deny the meal break to employees based on sex, race, disability, national origin, religion, age, or race.

 

The most common pitfall for employers is allowing employees to perform some work during a meal break, which renders the break compensable. To avoid this, the employer may prohibit any kind of work during a meal break and/or may require employees to leave their workstations during the allotted meal breaks.

 

Rest Breaks in Ohio

 

Ohio employers are not legally required to offer rest breaks, except to minors. However, many employers do offer rest breaks as a matter of custom or policy. If the employer elects to provide a rest break, then federal law requires that employees are paid during short breaks of up to 20 minutes.

 

The FLSA requires companies to give nursing mothers a break to express milk, whenever they need to express milk, for one year after their child’s birth. Employers must provide a place, other than a bathroom, that is private, meaning “shielded from view and free from intrusion from coworkers and the public,” where women may express milk. The law only applies to non-exempt employees (that is, those who are entitled to overtime pay for overtime work), and it exempts employers with fewer than 50 employees if it would be an undue hardship for the business to provide such breaks. These breaks do not need to be paid under the FLSA. However, where employers provide compensated breaks, a nursing mother must be compensated in the same way that other employees are compensated for break time.

 

Penalties for Violating FLSA Meal and Rest Break Requirements

 

Employers can refuse to allow breaks except for minors under age 18. However, if an employer provides a rest break or requires that work be performed during a designated meal break, then employees must be paid as if they are part of the workday. If not, then employees may file a wage and hour violation complaint to seek compensation for denied wages.

 

Where to Get More Information About Ohio Labor Laws

 

For additional information about employer obligations under Ohio labor laws, including posting requirements for wage and hour and other labor laws, check out our site dedicated to Ohio labor law posting requirements.