Pennsylvania State Laws for Employee Breaks

Federal Law

The federal Wage and Hour Division of the U.S. Department of Labor does not require employers to provide their employees with rest or lunch breaks. However, the Fair Labor Standards Act restricts the number of hours that minors ages 14 and 15 can work. Employees 16 and older can work unlimited hours without rest or lunch breaks, according to the Fair Labor Standards Act.

Although federal law does not mandate employment breaks for employees, it does allow states to mandate rest or lunch breaks for their employees. In some states, employers must provide their employees with rest or lunch breaks. In Pennsylvania, the Department of Labor and Industry does not require employers to provide their adult employees with breaks throughout the workday. However, employers must allow their employees under age 18 to take at least one 30-minute meal or rest break if they work at least five consecutive hours per day.

The U.S. Department of Labor does not require employers to provide their employees with breaks. However, if they provide discretionary breaks, they must pay them for their breaks in limited circumstances. Employers who require their employees to work during their breaks must pay them for their breaks. Furthermore, employers who give their employees less than 20 minutes to exercise a rest break must pay them for their rest breaks. Employers must give their employees at least 30 minutes to eat if they give them discretionary meal breaks.

In Pennsylvania, employers are required to follow the federal wage and hour laws governing break requirements. The Pennsylvania Wage Payment and Collection Law allows employees to file wage complaints against their employers who fail to pay them for their breaks. The commonwealth can assess monetary penalties against employers who violate its wage payment laws. In addition to assessing penalties, interest, attorney's fee awards and court costs against employers, the commonwealth can assess liquidated damages and require employers to obtain bonds or security to ensure proper payment within 30 days.