A Look at NJ Labor Laws for Breaks
When it comes to understanding the nuances of NJ labor laws on break time, the most important factor is figuring out whether the break qualifies as a "meal" or "rest" break, since different laws apply to these categories. If you will have employees working through a dinner shift, you may be required to provide a meal break during which they can leave the premises, but because that meal period would be provided in the middle of a late-night shift, it does not qualify as a "rest" period – which means that employees in this situation would not be entitled to additional break time at another point in the evening.
The New Jersey Department of Labor and Workforce Development’s website provides an overview of break time requirements under New Jersey state law. BREAKS When is an employer required to provide a break? The law does not require employers to provide breaks to employees. However, if an employer does provide breaks, specific requirements apply. An employer must provide a rest period of at least 15 minutes to all employees who work more than 5 continuous hours. If the employer does not provide any breaks during a shift of more than 5 continuous hours, then employees are considered to be paid for the time spent on the break. Ten-minute breaks are considered short enough that they need not be scheduled by the employer, but rather are only for the employer’s convenience. The employer can determine when breaks will be taken. In this case, the break time is considered compensated time for work purposes. Note that if an employee works through their lunch (meal) period, the employer must still provide an additional break period of at least 15 minutes where the employee is free to leave the premises . Even though breaks are not required by law, if an employer does provide them, the employer must comply with the law regarding the number and duration of the breaks. There are also laws regulating breaks in the New Jersey Public Employee Occupational Safety and Health Act.
Who is covered by this law? This law covers all employers in the private sector except: regional railroads; motor carriers; rail carriers subject to the Interstate Commerce Commission (ICC) (where the legislation directly affects State competences) and federal employers; Army and Air Force Reserve Armed Forces retirement process; the Prudential Center Arena in Newark; and the Meadowlands Racetrack. What are the penalties for violation of the law? Penalties for violations of this section include a written reprimand for a first-time violation. The violation will be considered a second offense if committed within 36 months of the first violation, and a third offense if committed within 36 months after the second violation. If an employer has repeated violations within a 36-month period, the violations will be elevated to second or third degree if the standard penalties would not sufficiently deter the conduct, and the penalties may include a fine of up to $1500 per offense and imprisonment not to exceed six months. If the violations are discovered by the department during an investigation of the employer, or during an inspection of the employer’s premises, the department may issue a cease and desist order requiring the employer to cease and desist from engaging in acts in violation of this act. NOTE: There are few occasions when a federal law will displace one of the NJ labor laws we have outlined in this post. In the case of breaks, there are no relevant federal laws on the books.
Required Breaks Versus Company Policy
On the other hand, there may be many companies that choose to provide more flexible break policies and how often a worker may take the breaks in a given day. Some company policies may even provide for time to be taken off work for purposes of caring for one’s own physical and mental well-being as opposed to merely eating. To be clear, the provisions of N.J.S.A. 34:2-232 are a mandatory and minimum amount of time required for breaks, but a company may choose to offer more than is legally required.
For example, some companies may allow their employees to attend to any of their own physical or mental needs in addition to eating, such as, going to the restroom, taking a walk to collect themselves, go to their car to listen to music, or do any other personal activity. Or they may require that a certain number of hours be worked before a break is permitted or that breaks may only be taken at certain intervals or times throughout the workday. For instance, a company may stipulate that an employee must "have been on duty at least three and one half consecutive hours" before being eligible for a meal period or break. N.J.S.A. 34:2-32. Alternatively, a company may allow its employees to take any number of breaks during the workday subject to the breaks not taking more than 20% of the workday cumulatively.
The company breaks are generally within the discretion of the employer to set provided it meets the minimum standards set by the NJ legislature.
Legal Obligations Employers Must Observe
As part of NJ labor laws, most employers have a legal obligation to provide workers with an unpaid break of at least 15 minutes if they are working an entire uninterrupted workday of 8 hours or more. Importantly, when this is the case, the 15-minute breaks must be provided after employees have completed the fifth consecutive hour of work. Generally speaking, no other breaks are required for adults. However, breaks are required for minors. If a minor is working a total of 5 hours or more in a single shift, employers are required to provide a 30-minute uninterrupted rest period and a 15-minute work break at the end of that period. Teenagers working in supermarkets, factories, or restaurants must receive a full 60-minute break when scheduled to work a 7.5-hour shift, and a 90-minute break when scheduled to work a 9-hour shift. Hourly employees are entitled to meal and rest breaks according to these guidelines. Salaried employees, however, are not required to be given breaks to satisfy the labor laws in NJ. Sometimes, salaried employees are offered the option of taking time off instead of a break, but it is not a legal requirement. Employees who work less than 5 continuous hours are not entitled to any kind of work or meal breaks under NJ labor laws.
Employee Rights and Remedies
Employees in New Jersey have a number of rights when it comes to the matter of breaks. If workers do not take advantage of their entitled break, however, they are seen as having waived their right to it.
The biggest recourse for employees who feel the law has been violated to their detriment is through the New Jersey Division of Wage and Hour Compliance. The NJDWA is responsible for investigating all claims and gathering detailed information about the nature of any specific case and whether the violation can be proven. To file a complaint, an employee must fill out the "Wage Claim Information" employee form, which can be found on the NJDWA website .
If the employee can prove that he or she was not paid what was owed, then the NJDWA will make the employer pay back all wages that are owed – along with what is known as "liquidated damages," paid as a penalty. Liquidated damages are often calculated as a 100 percent penalty. This means, for example, that if an employee earned $10 an hour and worked for four hours without a break, he would receive an additional $40 in damages. Therefore, instead of receiving four hours of wages at $10, he would receive $60 in wages. If the employee did not have his break, this could quickly add up.
Effects on Workforce Productivity and Employee Health
While the NJ statutory requirement for a 15-minute break may seem like a minor inconvenience in the workplace, an opportunity to speak to employees about the importance of taking a break for their mental and physical health can be invaluable. Studies indicate that a 15-minute break can have lasting effects on energy level and perseverance of workers, and have a positive impact on mood.
Famed author and economist Daniel Pink dedicates an entire chapter to napping in his bestseller "When: The Scientific Secrets of Perfect Timing," pointing out the positive effects that breaks can have on productivity. New technology workplaces allow for the abolition of naps, but at the same time, it is also more important than ever to consider the distractions that phone notifications and non-work-related internet browsing pose to workplace efficiency.
Pink writes that research shows simple microbreaks (such as drinking a glass of water or standing up) and frequent breaks are better for productivity than longer, less-frequent breaks. A simple mental reset in the form of a scheduled break can improve efficiency, concentration, and morale.
As a New Jersey employer, the required 15 minutes, although officially taken for rest, can be an opportunity to educate employees on the benefits of engaging in more mindful rest during work hours. While some companies provide "quiet rooms" or furnished recreation areas, others take the opposite approach by encouraging walking meetings or yoga breaks.
Studies indicate that employers who prioritize employee well-being also see increases in job satisfaction, retention rates and workplace morale.
The bottom line is that while the law requires that a 15-minute break be provided, taking the next step and communicating the benefits of rest and relaxation can go a long way towards keeping a productive and happy workforce.
Common Inquiries
As a general rule, employees are not "entitled" to any breaks or lunch periods. In fact, Federal law is explicit that businesses in New Jersey that subject to it are not required to provide employees with any breaks at all!
That being said, any break or period of time an employer agrees to provide to its employees which is 20 minutes or less must be paid as time worked.
Q: Must we provide employees with paid breaks?
A: Not unless doing so is written into your employee handbook or is a "company policy". The law does not require it.
Q: Why do many companies still give their employees paid 15 minute breaks?
A: Many employers, especially larger employers, still believe that providing paid breaks is a good practice. It keeps morale high, it shows the company cares about its employees, and it has become a way of doing business that most people no longer question. The real question is – what are the costs of not providing these breaks. Is there a dip in productivity when employees do not get breaks? Are there errors increasing because of employees who are burned out?
Q: How are these paid 15 minute breaks treated for payroll purposes?
A: A 15 break obviously will not cause an employee to go into over-time territory. 15 minutes on its own is not likely to cause the "regular rate of pay" for any given work week to be calculated. However, it is recommended that this 15 minute time be recorded.
Q: What if an restaurant for example makes it a rule that employees must take their break at the same time?
A: This is still a paid break if the employer makes this rule which the employees adhere to. If, however, the employer makes the rule the employees must take their break at the same time but allows the employees to determine when that will be – that breaks this rule somewhat provides an area where the employee should be compensated.
Q: Are 15 minute breaks an industry norm?
A: In recent times , many industries have instituted 15 minute breaks for employees. It has become the "for convenience" and "standard" practices to do so. One thing that employers and employees need to understand is that the government does not require them to do so. Companies of all sizes across many industries have and do put this practice into place.
Q: What if an employee says he worked through his paid break and he wants to be compensated for that hour worth of work?
A: If the break is required by the company to be paid; however, this is a legitimate claim. What an employee does during the work or lunch break is very often a category that they can actually compensate the employee for! In essence, the company is only required to provide a "non-paid" break, but if they make the break "paid" then they must pay for the time spent on the break! Therefore, in this case, the employee should be compensated for the time they were off premises, or worked through the break time performing tasks. If the employee was given a 15 minute paid break, however, and he chose to abrogate that time by remaining in the work space and sitting down while playing games on his phone – then this is not time that the employer should be required to pay for!
Q: Can we have a time clock in the break room to ensure no one works through break time?
A: If, during break, your employees are required to clock out – this is a good idea. If they are permitted to do as they please during the time away from work, then you must pay them! An off premises location where the employee is free to do as he pleases and is away from his work station; this is a good place for the clock! Just make sure to enforce the clock out rule!