Take a break – It’s the law

Massachusetts Law provides that no person shall be required to work for more than 6 hours during a calendar day without an interval of at least 30 minutes for a meal. Iron works, glass works, paper mills, letter press establishments, print works, bleaching works, and dyeing works are specifically exempted from this requirement. In addition, the Attorney General, in
his discretion may under certain circumstances, grant further exemptions. The law does not require that the employer compensate the employee for the meal period. However, if the employee’s movement during meal periods is restricted in any manner or if the employee is required to perform any job function during such periods, the employee must be paid for the meal time. For example, if a teacher in a private school is assigned to a lunch room to provide general supervision to students and eats his or her lunch at that time, the teacher must be compensated for the time. Likewise, if an employee is required to sit at his or her desk to answer phones during the 30-minute meal period, the employee must be paid for this 30-minute time frame.

Also note, that only an employee may waive the 30-minute minute meal period requirement and, the waiver must be voluntary. Any employer who coerces an employee to waive the requirement is in violation of the law. If an employee does waive his or her right to the meal period, and the employer assents, the employer may have certain payment obligations to the employee. For example, if an employee is scheduled to work 8:00 a.m. to 4:00 p.m., and the employee waives his or her 30-minute lunch with the assent of the employer, the employee must be compensated for the full eight hours. If, however, the employee waives the 30-minute period in order to leave at 3:30 p.m., the employee need only be paid for 7 ½ half hours. In contrast, if either of the preceding situations occur without the consent of the employee, the employer is in violation of the law.

If an employee asks to waive a meal break, it is advisable that the employer execute a waiver agreement clearly noting that the employee as initiated the request and the request is voluntary and for the convenience of the employee. Such a document should be placed in the employee’s personnel file.

A violation of the law occurs each time that the employee is required to work in excess of 6 hours without a 30-minute meal break. In some cases, compliance with the law may even require more than one meal period in a calendar day. For example, if an employee’s shift is from 8:00 a.m. to 6:00 p.m., with an allotted 30-minute lunch period from 11:30 a.m. to 12:00 noon, the employee would be entitled to a second meal period if he or she works beyond the 6:00 p.m. scheduled end of the shift.

Violation of this law by any employer, superintendent, overseer or agent is punishable by a fine of not less than three hundred nor more than six hundred dollars following criminal prosecution.

On a similar note, there is no legal requirement to provide rest breaks or coffee breaks in Massachusetts. However, as a practical matter, many employers do provide one or two 10 or 15 minute breaks during the workday.

The law on meal breaks is clear and easy to follow. If you have specific questions you should call an attorney or may call the Office of the Attorney General Division of Fair Labor.