Human Resource Blog

Do employees have to take a break?

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Since there are no laws mandating breaks in Georgia, do employees have to take one? They were told that they had to take a break and that it was mandated by law,so if there is no law, then what??

Even though there is no law in Georgia that requires employees to take breaks, the employer can establish a policy that workers are required to take breaks. The employer can then write up or terminate any employee who fails to take a break. Under federal law, the FLSA or Fair Labor Standards Act, employers must pay workers for breaks that are shorter than 20 minutes. If the employee takes a meal break that is 20 minutes long or more, and is relieved of all duties, the employee need not be paid for the meal break.

It is a best practice in Human Resources and a sign of good management for employers to give breaks to all workers, even when they are not required to do so. Every day we recieve letters from miserable workers who must put in 10 or 12 hours — or more — without a break. So the employees in this case should count themselves lucky.