Do you have the right to a lunch break in Michigan? And should your breaks be paid or unpaid?
Most workers assume that federal or state law guarantees them a right to a lunch break or a short rest period during the workday. The truth is a little more complicated.
Under federal law, there is no general requirement for employers to provide breaks, and Michigan law follows the same approach for adults. But Michigan does have special rules for workers under the age of 18.
The federal Fair Labor Standards Act (FLSA) governs wages and hours across the country. The FLSA doesn't require employers to provide any meal or rest breaks to employees. That means there is no nationwide rule that workers must get a lunch break, smoke break, coffee break, or similar.
However, if an employer chooses to provide breaks, certain rules apply:
These rules are meant to ensure that employers cannot deduct time unfairly when employees aren't truly free from work responsibilities.
Michigan law generally mirrors federal law when it comes to adult employees. There is no requirement that employers provide meal breaks or rest periods for workers who are 18 years or older.
If an employer does provide breaks, Michigan applies the same standards as the FLSA: short breaks are paid, and meal breaks can be unpaid only if the employee isn't working.
The one major difference is Michigan's rule for minors.
Under Michigan law, workers under 18 who work more than five continuous hours must be given at least a 30-minute uninterrupted meal break. This break must be duty-free, meaning the minor is not expected to perform any work during the break. The law is designed to protect younger workers and ensure they get adequate rest during longer shifts.
For example, if a 16-year-old works from 10 a.m. to 4 p.m., the employer must provide a 30-minute meal break at some point during that time. Employers who fail to comply with this requirement can face penalties under Michigan labor law.
Even though the law doesn't require them, many employers provide meal and rest breaks as a matter of good business practice. Breaks can improve productivity, reduce workplace stress, and support employee well-being.
To learn more about your company's policies on breaks, check your employee handbook, contact human resources, or raise the issue with a supervisor.
If you work in Michigan and you're over 18:
If you're under 18:
Most disputes over breaks arise when employers fail to pay employees for time that should be counted as work. For example, if you're asked to answer phones during your lunch period, that time should be paid. If you're a minor and your employer doesn't give you a meal break, that is a violation of Michigan law.
If you're unsure whether your rights are being respected, you might want to consult an employment lawyer. A lawyer can explain your rights under both federal and Michigan law, review your situation, and help you take action if necessary.
No. Michigan law doesn't require meal or rest breaks for workers 18 or older. Employers can choose whether to provide them.
Yes. If an employer offers short breaks of up to 20 minutes, those breaks must be paid and counted as hours worked.
No. If you're required to work during your meal break, that time must be paid. A true unpaid meal break requires that you be fully relieved of duties.
Workers under 18 must get a 30-minute uninterrupted break if they work more than five continuous hours.
No. Federal law doesn't mandate breaks for adults. It only regulates how break time must be treated if it is given.
If you are working while eating, that time must be paid. Employers cannot deduct time when you're still performing job duties.
That is a violation of Michigan law. Employers can face penalties, and you have the right to report the violation to the state labor agency.
Yes. Union contracts often provide specific rights to breaks beyond what the law requires. Check your contract if you're covered by a union.
No. Smoking breaks are not required under state or federal law. Employers can choose whether to allow them.