Pennsylvania Labor Laws Concerning Breaks During Eight Hour Shifts
- Most Pennsylvania employees receive breaks during an eight-hour shift at their employer's discretion.dockhand image by Pix by Marti from Fotolia.com
Pennsylvania labor law mostly leaves break periods during the workday to an employer's discretion. Employers don't have to offer breaks during an eight-hour shift. While most employers might offer breaks during full shifts as a way of helping workers stay fresh, breaks are mandatory for just a few narrow categories of employees. - For employees who are age 18 and older, Pennsylvania state law doesn't mandate employers to provide breaks during eight-hour shifts. In fact, employers need not provide breaks regardless of the length of a shift. Pennsylvania is among a majority of states that don't have mandatory break laws for adults.
- Pennsylvania child-labor law requires employers to provide a break period for employees who are between the ages of 14 and 17 and work at least five consecutive hours: The break must be at least 30 minutes. The employer doesn't need to pay the employee for his time during the break.
- As with minors, seasonal farm workers must receive a break of at least 30 minutes for every five hours on the job.
- Although the decision to provide breaks is up to the employer, a federal law provides guidelines for break periods if the employer offers them. The Fair Labor Standards Act dictates that if a break period is from five to 20 minutes long, the employer must continue to pay workers for their time while on break. A 30-minute break, however, is considered to be a legitimate meal period for which the employer doesn't have to pay employees. If an employee has to stay on the premises and perform job duties during the meal period, the employer must pay her for her time.
- In accordance with federal guidelines, employees may take reasonable bathroom breaks as needed during a shift. Employees also may take breaks of reasonable length to practice religion or deal with disabilities or other medical concerns. Employers and employees should work together to address disruptions that may arise as a result. Smoking breaks during a shift are not a legal right.
Adult Employees
Minor Employees
Seasonal Farm Workers
Federal Guidelines
Other Break Rules
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