Work State Law For Breaks In Massachusetts
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FAQ
Trust me, this is a very common question and many like you are surprised that there is no federal law requiring that employees be given breaks in the United States. An employer has the right to make you work 12 hours without a break or even 16 hours.
In most states, breaks are required by law. The employer has to, by law, enforce that employees take those breaks. If they fail to do so, it opens them up to very expensive lawsuits. I recall a decade or two back, The Gap has a massive settlement in the state of California over employees working through breaks.
No, Massachusetts only requires employers to provide 30-minute meal break for shifts over six hours. Although the 15-minute break is not mandated by Massachusetts law, employers have the discretion to offer such break period to their employees as part of their company practice.
Massachusetts Break Room Requirements There is no law in effect that requires an employer to provide a break room for employees.
Unemployment Insurance Notice: Massachusetts employers should provide terminated employees with detailed information about unemployment insurance benefits and how to access them.
IF the employer is preventing you from taking a break that is required by state or local law, then yes, that is illegal. But if the break is not required by law then preventing you from taking it is not illegal. It also depends on what the repercussions are if you take the break anyway.
Instead, employers must adhere to the requirements of the federal Fair Labor Standards Act (FLSA), which also does not mandate a meal or rest break. Thus, in New Jersey, an adult employee does not have a legal right to meal periods or breaks.
Employers in New York State must provide all employees time off for meals, after working a certain number of hours. In general, employers must provide at least 30 minutes of unpaid time off if an employee works more than 6 hours. The Meal Period Guidelines outline the requirements.
Does my employer have to give me two 15-minute breaks per day? MGL c. 149, § 100 requires a 30 minute lunch period during shifts longer than six hours, but does not require breaks.