Employers determine if and when employees can take a break or lunch period. If an employer provides work breaks or lunches, the employer determines the length of the break and lunch period.
There is no federal law or Arizona state law that says employers must provide breaks and lunches. There are mandatory break and lunch period laws in some other states, but not Arizona.
PAY FOR BREAKS AND LUNCHES
The Fair Labor Standards Act (FLSA), a federal law, tells those employers that provide breaks and lunches how to pay employees when taking a break or lunch.
- Breaks - Employers must pay employees during a break period. For example, if an employer provides two 10-minute breaks during a shift, the employer must pay the employee during the breaks.
- Lunch periods - Employers do not have to pay the employee for lunch periods. Employers typically provide lunch periods of 30 minutes or more.
In order for any lunch period to be unpaid, the employer must relieve the employee of all duties. For example, if the employer expects an employee to eat lunch at their desk and answer the phone when the phone rings, the employer has not relieved the employee of all duties. In this case, the employer must pay the employee during this lunch period.
OTHER IMPORTANT INFORMATION
- Employers are allowed to require employees to remain on premises during any paid break or paid lunch.
- If an employer offers paid breaks or lunch periods, they may adjust or cancel them on a given day due to business needs. Employees are not automatically entitled to make up missed breaks or receive additional pay later.
- Employers generally determine when employees take breaks and lunch periods. For example, an employer’s normal workday might be 8:00 a.m. to 3:30 p.m. with a thirty-minute unpaid lunch from noon to 12:30 p.m. If an employee asks to adjust the schedule, such as working 8:00 a.m. to 3:00 p.m. and skipping the unpaid lunch, the employer has the discretion to approve or deny that request.
WHAT TO DO IF YOUR RIGHTS HAVE BEEN VIOLATED
If you believe your employer is not paying you correctly for breaks or lunch periods, start by reviewing your employer’s pay policy to identify the appropriate person to contact. Arrange a meeting with that person, explain your concerns clearly, and provide specific details about the issue. Be sure to listen to the employer’s response.
If your concerns are not resolved after speaking with your employer, you can contact the U.S. Department of Labor Wage and Hour Division for assistance. The contact information for the Arizona office is:
Phoenix District Office
US Dept. of Labor
Wage & Hour Division
230 N. 1st Ave. Suite 402
Phoenix, AZ 85003
Phone:
602-514-7100
1-866-4-USWAGE (1-866-487-9243)
You must file a complaint within two years from the incident of your last improper payment. However, a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued.
Individuals may also file a private lawsuit in Federal or state court within two years from the last incident – three years if the violation is willful. Individuals filing a private lawsuit should consult with and be represented by an attorney.