Georgia Break Laws, Explained
Georgia’s break laws are straightforward – there are no state-mandated law requirements on employers to either give or pay for breaks. In fact, the only federal break law requirement is on the handling of time spent for whom breaks are offered.
According to federal regulations, when an employer permits brief rest breaks, the Federal Labor Standards Act (FLSA) requires that the time must be paid. For Georgia employers, "brief" generally means the break is taking 20 minutes or less. As an additional way to understand the expected duration of a break, an employer can use a different rule that any period that is both short and frequent does not need to be paid. Therefore, if employees are permitted to take paid 10 minutes or less every hour, it’s considered appropriate according to federal regulations.
For Georgia employees working in manufacturing , mercantile, and other stores, there are laws in place that dictate how long workers may spend on a break and when. Under Georgia’s break laws, an employee must receive a 20 minute unpaid meal when working eight hours – or four hours – without interruption. However, an employee can waive the 20 minute meal break when only working four or eight hours.
For employees in the textile industry, they also receive a 20 minute meal break under Georgia’s break laws if they are working eight hours or more. However, there are tighter restrictions, which make it more so that employees do not have the opportunity to waive their meal breaks. For instance, the meal break can only be taken if less than two hours remain in the shift and the employee is not needed to help with production.
Break Laws Under Federal Law
Before we examine Georgia’s specific requirements for breaks, it’s important to note that federal law also applies—with FLSA (the "Fair Labor Standards Act") employee protections prevailing. The U.S. Department of Labor requires all organizations to provide non-exempt employees adequate time for rest and recuperation.
While the FLSA does not specifically require regular meal or rest breaks for adult employees, if an employer does provide informal short breaks, then these rest periods must be counted as hours worked and compensated.
The DOL does require, however, that employees be compensated for regularly-scheduled lunch breaks—up to 30 minutes—that are longer than a de minimis period of time. As a result, if your lunch break is more than twenty minutes and you are relieved from work responsibilities for that entire stretch of time so that you can use it for your own purposes, a federal circuit court has ruled that you do not need to be paid.
In short, the Fair Labor Standards Act (FLSA) does not require payment for rest and meals breaks that are:
Does Georgia Mandate Paid Breaks?
Georgia state law does not require paid breaks for non-exempt employees. It is an absolute myth that Georgia requires employers to provide 10 or 15-minute paid breaks or a 30-minute unpaid meal break. While the federal Fair Labor Standards Act ("FLSA") does not mandate that employers provide these breaks, breaks of short duration, usually lasting about 15 minutes, are generally "considered to be helpful to employee performance." 29 C.F.R. § 785.18. Thus, the FLSA requires that an employer must count short breaks, or rest periods, as hours worked. Other breaks, such as a meal break of 30 minutes or more, for which the employee is completely relieved from duty are not work time if all of the following are met: An employee is not necessarily entitled to take a meal break under the FLSA. If the employer requires or otherwise induces the employee to consume meals at the worksite during a break period, then the employer must count this time as hours worked and must pay the employee the appropriate compensation rate for this time. In some circumstances, an employer may require or induce employees to stay on duty for a meal break by use of oral or written policies or practices. An example of this is where an employer furnishes meals at the employee’s worksite. An employee who is required to eat at the worksite must be paid for his or her time spent eating.
If your employer does not provide breaks during the day, it is possible that your breaks during the workday violate federal law or state law. This article explains breaks in Georgia that your employer is required to provide to you under federal law.
Georgia Worker Rights Regarding Breaks
Georgia break laws help employers avoid possible lawsuits for unpaid wages by complying therewith to the extent necessary to fully pay Georgia’s minimum wage. However, the phrase "to the extent necessary" is a subjective term which has left many Georgia employees at-will wondering what their legal rights are if they are denied a proper meal or rest break at work. Specifically, many employees do not know whether they are legally entitled to a paid 10 minute rest break, 30 minute meal period, whether or not supervisors are obliged to ensure that employees get legally required breaks at work, and whether they can receive monetary compensation if they are denied such breaks.
To be sure, in 2010 the United States Supreme Court held in a unanimous opinion that, under federal law, there is no general right to a 10 minute paid rest period or 30 minute unpaid meal period, unless an employee actually performs work during the break. In fact, "work" includes all tasks performed, regardless of task, that are performed anywhere from the initial time a task is first initiated, performed, to the time it is completed – this includes preparation, moving, lifting, and other similar tasks. Thus, both the federal Fair Labor Standards Act (29 U.S.C. § 207) and its Georgia counterpart require that Georgia employers pay their employees Georgia’s minimum wage or federal minimum wage, whichever is greater, for all "hours worked".
Moreover, under Georgia law, the violation of an employment contract could result in liquidated damages. Specifically, when a Georgia employer fails to honor its contract with its employee, such as failing to provide legally required benefits like a paid 10 rest break or 30 minute meal period, the employee may sue to recover lost wages and seek other equitable relief, including an order compelling timely payment of wages. This indemnification provision is contained in OCGA § 34-7-4. The Georgia law is intended to deter employers from failing to pay their employees for work performed, including performing work during unpaid breaks, and failing to pay earned wages. Alternatively, unpaid employees may submit a claim form to the Department of Labor to recoup any withheld wages.
It should be noted, however, that the laws applicable to required breaks such as rest periods (including worker’s rights) varies from state-to-state, with some jurisdictions having stricter break requirements than others. Specifically, under federal law (and in most states) breaks are not required of employers. However, during these breaks if "work is requested or permitted", all time spent at work during said breaks must be compensated at the employee’s full rate of pay. Further, while employers are obligated to "promptly pay" employees for all wages earned under OCGA § 34-7-4, Georgia law does not mandate a specific timetable for payment. Thus, for example, a Georgia employer, pursuant to OCGA § 34-7-4, may be required to pay a weekly amount equal to the ratio of the number of hours worked and the number of hours of a typical workweek. For example, if employed for 40 hours per week at 7.25 per hour, an employee is entitled to be paid for 285.83 hours (i.e., 40 * 8 /5) at 7.25, or $2,069.95 over a 14 day period.
Break Policy Requirements for Different Industries
When it comes to workplace breaks, it’s not just the industry as a whole that matters. Particular employers may have specific segmented practices that affect the rest time of employees, and these practices may differ from industry to industry. Here are some considerations for different industries:
Medical Industry – Nurses and other hospital workers are often on shift work, balancing long hours with rotating schedules. Some hospitals have begun offering study breaks for nurses wherein they can receive paid time off to practice professional development tutorials offered online.
Food Service – In the restaurant industry, employers may provide short work breaks for employees, while forbidding them from ordering food or beverage during their work breaks . In some cases, employers may also require employees to clock out before they are allowed to have a break.
Retail – As with other hourly workers, employees in the retail and grocery industries are often allowed to take breaks for meals as needed, but such breaks may be unpaid. In recent years, however, some grocery store chains in Georgia have begun providing employees with the ability to eat for free on their shifts.
Professional – In the professional services field, employees are often on flexible schedules, and as a result, they set their own work and break schedules. In many cases, these employees will leverage flexibility to obtain longer work breaks.
Enforcement & Compliance Issues
Enforcement and compliance of the break laws is done by the Georgia Department of Labor, who will take complaints for violations. The Department of Labor has a simple complaint form which may be downloaded from its web site, or filled out over the phone. In the alternative, employees may also contact the federal Wage and Hour Division, since some non-exempt employees are entitled to breaks under federal labor laws as well.
An employer must ensure that any breaks provided are at least 20 minutes long (30 minutes is better), and that the employee is completely relieved from work duties during that break. The employer has to ensure that the employee receives pay for all time worked, so if the break is shorter than expected, or the employee is expected to perform any work during the period, the employee must be paid for the entire time period. It is well worth it to employers to comply with these laws, before costly- and in some cases, frivolous- claims for unpaid wages, back wages, or penalties are made by an employee.
If an employee is not complaining about having no breaks during their shift or workday, the employer is not off the hook. Breaks must be provided internally, and have to be enough time to be effective. Employers should look into the state and federal laws on break periods and provide them accordingly, even if the employee does not specifically request them, or complain that they did not receive them.
Frequently Asked Questions Regarding Breaks at Work in Georgia
Q: Are employers in Georgia required to give breaks to employees?
A: In most cases, employees in Georgia are not legally entitled to breaks or meal periods. The state of Georgia does not have any laws requiring breaks, even for check-in or check-out times. In general, breaks are left up to employer policies. But employers are legally required to pay employees for time spent on breaks in certain situations, which we outline in the next question.
Q: Are breaks and meal periods considered working time in Georgia?
A: While employers in Georgia are not legally required to give breaks or meal periods to employees, they are required to pay employees for compensable work time that includes breaks and meals. For example, if an employee is required to take a meal break at his or her desk instead of being relieved of duties, then that time is considered paid working time . If an employee says that he or she feels pressure to continue working through lunch, or better yet, actually works during lunch, then that time would qualify as paid working time.
Q: Does Georgia require breaks for nursing mothers?
A: To comply with the national Affordable Care Act, employers in Georgia must provide "reasonable break time" and a "place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public" for employees to express breast milk. Employers are not legally required to compensate nursing mothers for this break time when the time would otherwise be unpaid.
Q: What if my employer breaks Georgia law regarding breaks or meal periods?
A: If your employer fails to compensate you for compensable work time, including time lost to breaks or meal periods, or if your employer violates break rules under federal law, then you may have a legal claim against the employer and could be compensated for those lost wages.