In Maryland, employees are not legally entitled to meal breaks or rest breaks.
By Lisa Guerin, J.D. · UC Berkeley School of Law
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Does your Maryland employer providemeal or rest breaks? You might be surprised to learn that federal law doesn'tgive employees the right to time off to eat lunch (or another meal) or theright to take short breaks during the work day. Employees must be paid forshorter breaks they are allowed to take during the day, but employers are notrequired to provide these breaks in the first place.
Many employers choose to providethese breaks as a matter of custom and policy, perhaps recognizing that anemployee who is hungry and tired is neither productive nor pleasant tocustomers and coworkers. Sensible as this seems, employers are not legallyrequired to allow breaks, at least by federal law.
In some states, workers have moreprotections. A number of states require employers to provide meal breaks, restbreaks or both. However, Maryland doesn't follow this trend. Employers in Marylanddon't have to provide either rest or meal breaks.
Federal Law: Paid versus Unpaid Breaks
Federal law requires employers to payemployees for every hour worked, including certain time that an employer maydesignate as "breaks." For example, if an employee has to work through a meal,that time must be paid. A receptionist who must cover the phones or wait for deliveriesduring lunch must be paid for that time, as must a paralegal who eats lunch ather desk while working or a repair person who grabs a quick bite while drivingfrom one job to the next. Even if an employer refers to this time as a lunchbreak, the employee is still working and entitled to be paid.
Federal law also requires employersto pay for short breaks an employee is allowed to take during the day. Breakslasting from five to 20 minutes are considered part of the workday, for whichemployees must be paid.
Employers do not have to pay for bonafide meal breaks, during which the employee is relieved of all duties for thepurpose of eating a meal. An employee need not be allowed to leave the worksite during a meal break, as long as the employee doesn't have to do any work.Ordinarily, a meal break is "bona fide" if it lasts for at least 30 minutes,although shorter breaks may also qualify, depending on the circ*mstances.
These rules come into play only if anemployer allows breaks, however. Federal law requires only that an employer payfor certain time, even if it is designated as a break. It does not requireemployers to offer break time in the first place.
Maryland Law Doesn't Require Meal or Rest Breaks
Some states require employers toprovide a meal break, rest breaks, or both. Maryland hasn't followed suit,however. Maryland employers must follow only the federal rules explained above.In other words, although breaks are not required, employers must pay employeesfor time they spend working and for shorter breaks during the day. An employerthat chooses to provide a longer meal break, during which the employee isrelieved of all job duties, does not have to pay the employee for thattime.
