Meal & Rest Break Violations in Kansas City

Many workers are surprised to learn that their employers are not required by federal law to provide lunch breaks during the workday. That being said, if employers choose to provide breaks, there are federal laws that dictate whether the time off is paid or not. Despite the lack of a federal mandate, many states have passed laws that require employers to provide meal or rest breaks. Missouri, however, does not require employers to provide these breaks.

While Missouri employers are not required to provide meal or rest breaks by law, many employers choose to provide their employees with some breaks during the workday. Unfortunately, unlawful discrepancies can occur with these breaks. For example, an employer might fail to pay their employee for a short break of less than twenty minutes. If you are having a meal and rest break dispute with your employer in Kansas City, the team at Hollis Law Firm is here to help. Our skilled employment lawyer can help you protect your rights.

What to Know About the Fair Labor Standards Act 

The Fair Labor Standards Act (FLSA) is a federal act that outlines the federal wage and overtime standards that apply to most (but not all) employers and employees in the United States. Under this act, employers are not required to provide their employees with rest and meal breaks; however, the act does outline practices for these breaks if the employer chooses to provide them. In accordance with the FLSA, employers must pay their employees in the following scenarios: 

• • Performing work duties during a lunch break: If an employee continues to work while they eat lunch, they must be paid for their time. For example, if an employee eats lunch at their desk while working, their employer must pay them for that time.
  • Taking short rest breaks: If an employer provides only short breaks that are less than twenty minutes, such breaks are considered part of the workday. This means if an employee takes a break of less than twenty minutes, they should be paid for that time.

What to Know About Rest Breaks in Kansas City

Rest breaks include any period of short duration (usually five to twenty minutes) in which an employee steps away from their work duties. These breaks must be counted as work hours by an employer. Conversely, employers are not required to compensate their employers for any breaks that are longer than twenty minutes. In Kansas City, an employee may have the right to pursue legal action against their employer if the employer does not pay them for breaks under twenty minutes.

What to Know About Lunch Breaks in Kansas City

A lunch break is usually any period longer than thirty minutes in which an employee steps away from their work duties to eat lunch. These periods are not typically considered to be work time. If a situation arises where an employee is not able to use their lunch break for their benefit, the break may be compensable under federal law. In some situations, an employee can pursue compensation from their employer for lunch breaks in which they were still required to maintain their job duties. For example, if someone eats lunch at their desk but is still required to answer calls, that period may be compensable under the FLSA.