Human Resource Blog

Breaks and Overtime

	Attendance Management
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If working a 10-hr a day how many breaks must our employees be given? And , can we make overtime mandatory?

The break issue will depend entirely upon which state you are in. Most US states do not require any breaks for employees over the age of 18, regardless of how long the shift is. Federal law also does not require any breaks for most occupations. The following states require meal breaks of some sort for most or all employees: California, Colorado, Connecticut, Delaware, Illinois, Kentucky, Maine, Massachusetts, Minnesota, Nebraska, Nevada, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Tennessee, Washington and West Virginia.

Only 7 states require shorter rest or “coffee” breaks for most employees: California, Colorado, Kentucky, Minnesota, Nevada, Oregon, Washington. OSHA regulations require that employees in general industry be allowed to use the bathroom, and to drink water. Specific regulations apply to some industries, such as truck drivers.

Yes, as an employer you can make overtime mandatory in every state. Only 1 or 2 states limit overtime, and in those states, it’s limited to 40 hours of overtime per week — meaning 80 hours of work per week.

For a more specific answer, post another question mentioning your state.