Human Resource Blog

Meal and Breaks

We are a company located in Connecticut. I have an employee who works 2-3 days per week, 10 to 12 hours each day. It was my understanding that a one and a half hour break is required for anything over seven and a half hours. She is refusing to take her break stating she read the law and we have to offer it to her but she does not have to take it. I disagree. Please tell me what you think.

We think that this employee is a problem, and in this economy, it should not be hard to find someone better. But that is not exactly the question you asked.

Under Connecticut law, the employer is required to provide an employee with a meal break of at least 30 minutes when the employee works 7.5 hours or more. There are a few exceptions for police officers, teachers, etc. but they do not apply in the workplace. If the employee were working under a union contract, and the contract made other arrangements for a meal period, then that would be lawful. However, as it stands, if the employee simply skips her meal break, the employer is in violation of the law.

Several states have break laws that explicitly allow the employee to decline breaks, as long as they do so in writing. Connecticut does not.

But frankly, it does not matter what the Connecticut law says. As the employer, you have a right to set a policy that any employee who works 7.5 hours or more must take a 30-minute unpaid meal break. This is a very common way to control payroll costs. You can discipline or terminate any employee who violates this policy — and you should. Our suggestion is that the next time this employee skips a required break, you issue a written reprimand. After 3 written reprimands, terminate her for willful misconduct.