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Employee lunch breaks and rest periods

By John McIntyre on Jul 27, 2020

For every time you work 3-1/2 hours, you should be getting a 10-minute rest break that’s paid. Any time you work more than 5 hours in a day you are entitled to a 30-minute unpaid lunch break, meaning you are supposed to clock out and clock back in. So, every interval of that 3-1/2 hours, (so roughly every 3 hours) people should be getting their rest breaks, and certainly before the fifth hour of work, they should be getting a 30-minute lunch period.

It becomes expensive for an employer when an employee is not getting their rest periods and meal breaks.  The employee is entitled to an hours’ worth of pay for each rest break or meal period they miss in a particular day. If they’re making $20 per hour, that can be $40 per day that the employer is responsible for.

If the missed breaks have been happening for several years, the amount owed to the employee can be significant.

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  • Kevin Elliott

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