Employee Wage and Hour Rights FAQ
Can my employer require me to clock out when I take a break?
4. Can my employer require me to clock out when I take a break?
Your right to be paid for break time depends on state law, the length of your break, and what you do with your break time.
A small number of states require employers to provide paid breaks -- typically, ten minutes of paid break time for every four hours worked. If your state doesn't require paid breaks, then your employer doesn't have to pay you for this time unless:
- your break lasts for 20 minutes or less, or
- you have to work through your break.
For more information, see Nolo's article Meal and Rest Breaks: Your Rights as an Employee.