Human Resource Blog

Breaks in Delaware

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(in Delaware) What is the federal law requiring 15 minute breaks, meal breaks and smoke breaks? I work part time at a jewelery store and the new manager is requesting us to clock out for a 30 minute break if we are scheduled to work more than 5 hours. I thought we were required to take a paid 15 minute break for every 4 hours worked and after 6 hours we are entitled to a 30 minute lunch break (not paid). However, smokers are permitted to take unlimited smoke breaks without clocking out as long as they are not needed in the store. What is the federal law?

Sorry to burst your bubble, but there is no federal or Maryland law that requires employers to give breaks. Several states do have laws that require employers to give rest breaks to workers, but Maryland is not one of them. The new manager is being generous by giving each worker an unpaid 30-minute meal break. Under federal law, an employee who takes a break of less than 20 minutes must be paid for the break. However, there is no federal or Maryland law that employers must grant such rest breaks, paid or unpaid. OSHA regulations do require that employees be permitted to use the restroom. They don’t require that employees be permitted to smoke in the restroom.

There is no state or federal law — anywhere in the country — that smokers must be given breaks. In fact, many companies are going smoke-free and employees are not permitted to smoke from the time they set foot on the property in the morning until they leave in the evening.

My question would be: How does an employee who’s out back smoking know whether she’s needed in the store or not?