Meal and Rest Break Compliance: Keep Better Track of Work Breaks

By Nina "9" De Forge, Agency Relations Manager, TEAM Software October 23, 2024 Categories: ,

This blog post was originally posted on October 23, 2024 and updated on May 12, 2025

As most U.S. employers know, meal breaks, rest periods and other work breaks can be tricky to track. Types of contracts can further complicate matters. For example, some government agencies don’t currently require companies to offer break periods to employees.

Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the workweek and considered in determining if overtime was worked. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer’s rules, and any extension of the break will be punished. Meal periods (typically lasting at least 30 minutes), serve a different purpose than coffee or snack breaks and, thus, are not work time and are not compensable, according to the Department of Labor.

The many federal, state, local and union requirements concerning tracking meal and rest breaks can take a lot of work for employers to manage. 

For small businesses with limited resources and larger companies that employ workers across state lines, staying compliant with rest break laws can become quite a challenge. Regardless of business size, it requires accurately calculating wages, distributing overtime pay, determining payroll tax withholdings, depositing tax liabilities and filing returns on time. 

With the rising cost of labor, companies need tools to manage meal breaks and lunches. This visibility will allow managers to address performance issues related to employees who are not taking breaks. Workforce scheduling software also provides the ability to ensure that employees have the appropriate time available for breaks and lunches.

The Importance of Meal Break Compliance and Documentation

Regulatory audits are of significant concern as they verify adherence to federal, state, local and union regulations. The system must possess the capability to promptly report instances of missed or delayed breaks, in addition to documenting the measures taken to ensure that affected employees on duty are duly compensated and that the issue is effectively resolved, thereby enabling employees to take their breaks and lunches as required.

These are all especially valid concerns for cleaning and security companies with distributed teams. Guards and cleaners typically clock-in and out of shifts at multiple locations, where supervisors cannot always remain on site. However, timekeeping and scheduling software offers support in several ways.

Tracking and Editing Work Break Requirements

Integrated solutions can help businesses meet requirements of rest break laws while avoiding litigation, fines or penalties. Specifically, it helps with tracking and reporting work break information to help companies meet state, local, union and company-specific regulations. 

With the right workforce management solution, the correct personnel can be kept informed to support meal and rest break compliance via timekeeping, reporting and notification features that can provide documentation to show that employees are spending the appropriate amount of time on breaks. 

Once activated and configured, supervisors can receive notifications when employees clock-in or out for work breaks, or if there are missed or late punches. Notifications can alert supervisors if a meal hasn’t been started after a certain amount of time into a shift. Additionally, employees can be notified if they’re checking back into work before their lunch or break is taken in full.

In addition to getting alerts when employees clock in and out for work breaks, supervisors can also view specific clock in and out times. The correct personnel can also view, add, delete or edit time punches. Accordingly, it is possible to clean up the collected data if the information must be corrected due to human error.

Reporting on Meal Breaks and Rest Periods

Timekeeping and reporting software can offer detailed information about work break exceptions and violations. For example, employers can review enhanced timekeeping and punch types to track unpaid and paid meals or paid and unpaid breaks. 

With the different reports, managers can better manage and enforce appropriate company guidelines concerning work breaks. These reports are also designed to help managers better understand and identify missed, shortened or lengthy work breaks that could create compliance issues. Three key TEAM Software reports that perform these functions include:

The flexibility of timekeeping and scheduling software allows employers to customize it in accordance with complex federal, state and local labor laws governing breaks. 

TEAM Software and Rest Break Compliance

For employers, meal and work breaks are inherently complex. This is due to the many different state-wide laws that business owners are required to know and follow. Because of those strict regulations, companies must perform diligent timekeeping and accurate reporting-related tasks while consistently catching and editing inaccuracies.

TEAM Software offers solutions for cleaning and security professionals to remain compliant with meal and rest break requirements. Our tools can send notifications to the right people at the right time, ensuring required meal and rest breaks are taken and completed according to requirements. 

The compliance tools have completely configurable default settings. Business owners can choose the kind of notifications their employees and managers will receive. 

Companies can access work break clock in and out times that are automatically shared with scheduling and time management software solutions. To get more information and speak with a TEAM Software representative who can answer questions about our solutions, schedule time with one of our experts.

Remember, employers must stay current with their specific state’s meal break laws and rest period requirements to maintain compliance and avoid penalties. Legislation and compliance requirements are constantly changing, so no action should be taken based on this article without legal counsel.