North Dakota Meal and Rest Break Laws

North Dakota employers must provide meal breaks, but rest breaks aren't required.

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Does your North Dakota employer give you meal breaks or rest breaks? You might be surprised to learn that federal law doesn’t give employees the right to time off to eat lunch (or another meal) or the right to take short breaks during the work day. Although employees must be paid for shorter breaks they are allowed to take during the day, employers are not required to provide these breaks in the first place. Plenty of employers provide these breaks as a matter of custom and policy, perhaps recognizing that an employee who is hungry and tired is neither productive nor pleasant to customers and coworkers. Sensible as this seems, employers are not legally required to allow breaks, at least by federal law.

State law is a different story, however. A number of states require employers to provide meal breaks or rest breaks. In North Dakota, employers are required to provide a meal break, but no rest breaks.

Federal Law: Paid versus Unpaid Breaks

Federal law requires employers to pay for hours worked, including certain time that an employer may designate 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 deliveries during lunch must be paid for that time, as must a paralegal who eats lunch at her desk while working or a repair person who grabs a quick bite while driving from one job to the next. Even if an employer refers to this time as a lunch break, the employee is still working and entitled to be paid.

Federal law also requires employers to pay for short breaks an employee is allowed to take during the day. Breaks lasting from five to 20 minutes are considered part of the workday, for which employees must be paid.

However, these rules come into play only if an employer allows breaks. Federal law requires only that an employer pay for certain time, even if it is designated as a break. It does not require employers to offer break time in the first place.

North Dakota Requires Meal Breaks

A number of states follow the federal law: They don’t require meal or rest breaks, but they require employers to pay for any short breaks allowed (and to pay for all time an employee spends working, whether or not the employee is eating at the same time).

Some states require either meal or rest breaks. North Dakota is one of them: It requires employers to provide a meal break, but does not require rest breaks.

Employers in North Dakota must give employees a 30-minute meal break if their shift lasts more than five hours. The break may be unpaid only if the employee is completely relieved of all job duties. Meal breaks are required only when two or more employees are on duty.

An employee may waive his or her right to a meal break in a written agreement with the employer.

by: , J.D.

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