When can you take breaks at work?
“Take rest; a field that has rested gives a bountiful crop.”
Ovid (43 BC – 17 AD)
The importance of relaxation and leisure has been understood for countless numbers of years, so the common perception that employees who take normal breaks are much more productive could come as no surprise. Even so, employment laws governing food and rest breaks appear to be in conflict as to whether or not this principle justifies statutory enforcement. Federal work regulations do not require breaks of any sort, which leaves this regulatory duty up to the states themselves; and states are divided over the issue. Only 22 states have enacted laws requiring food or rest breaks, leaving 28 states where there is no such requirements. Although Missouri and Illinois share a border, they take conflicting positions of the issue, hence making the distinction particularly noteworthy to employers with offices in both states.
Missouri Requirements
As a general rule, Missouri businesses are not required to provide employees with meal or relaxation breaks of any type throughout the course of a work period. As an alternative, employees are entitled to breaks only if provided for in their employment agreement or by way of a company policy. In most instances, these guidelines additionally apply to child employees, that are defined as persons under the age of 16, but no younger than 14.
Notwithstanding the foregoing, Missouri has carved out limited exceptions for children in the entertainment industry. See ? 294.022, RSMo. Particularly, Missouri child labor regulations mandate that children in this industry (1) cannot work longer than 5 and one-half hours devoid of a meal break, and (2) must get a 15-minute rest break after two hours of continuous work. Additionally, children in the entertainment industry are entitled to a 12-hour relaxation break at the end of the child’s workday and prior to the commencement of the child’s following day of work for the same company. The stated objective of these exceptions is to guarantee that no child is employed in an occupation, or in a manner, which is toxic or detrimental to, among various things, the child’s safety, health and general well-being.
Illinois Requirements
In contrast to Missouri, Illinois businesses have to generally provide employees with one food break. In specific, employees who work 7 and one-half continuous hours or longer are entitled to at least 20 minutes for a food period starting no later than 5 hours after the start of the work interval. 820 ILCS 140/3. Illinois additionally demands certain rest breaks in between work periods. Specifically, with limited exceptions, businesses need to provide workers with a minimum of 24 consecutive hours of relaxation in each calendar week as well as the regular period of relaxation allowed at the close of each working day. 820 ILCS 140/2.
Tags: breaks, employment law, food breaks, rest, rest breaks