Utah’s Break Laws Explained
Break Laws in Utah: An Overview of Employee Rights and Employer Obligations
According to the United States Department of Labor, the Fair Labor Standards Act does not require employers to provide breaks or meals to nonexempt employees, however, if breaks are provided, they generally must be counted as hours worked. Utah law regarding rest and meal periods is not as extensive as applicable federal laws, yet employers who require an employee to be on duty during a break should be aware that the time is subject to compensation. As the exceptions are very specific, they are discussed below.
Federal regulations exclude time spent eating meals from hours worked, but only when the employee is actually relieved from duty for the purpose of eating a regular meal. 29 C.F.R. § 785.19(a). A meal period is longer than 30 minutes; however, a rest period is short, typically less than 20 minutes. The law does not provide specific conditions for meal periods, but portions of the regulations addressing rest periods can be applied to meal periods, including the requirement that employees be relieved from duty during breaks or that they be allowed to eat at their work stations. Id. at § 785.19(b).
Federal law provides for paid "rest periods" of up to 20 minutes , in which an employee must be completely relieved of duty; however, the law provides no guidance regarding the length of these breaks and how they should be handled to prevent issues. 29 C.F.R. § 785.18. Without clear guidelines, both the employer and employee may find themselves confused regarding the handling of such breaks. Id. at § 785.19(b). Federal guidelines also give the employer the option to work with employees to set the frequency and length of worker breaks, allowing for a certain level of flexibility in the event an employer is unable to provide 20-minute paid breaks. Id. at § 785.19(a).
In Utah, employers are not required to provide employees with breaks, and the law is silent about the length of any voluntarily provided breaks. However, should a Utah employer choose to provide a rest period of less than 20 minutes, the employer must pay the employee for the break. Issues arise when employees receive "on-call" time or are not fully relieved of their duty during a break. Because the Fair Labor Standards Act does allow compensation for specific travel obligations, the laws governing compensation for breaks can be more complex than one would expect. Employers should evaluate cases on an individual basis to determine what constitutes "completely relieved."
Utah Meal Break Law
Utah law does not require an employer to provide its employees with meal breaks during the workday. On the other hand, if an employer does choose to provide its employees with meal breaks, Utah law requires that the breaks last at least 20 minutes. Utah law goes one step further and prohibits employers from requiring employees to use their personal time to eat. Utah Administrative Code § 610-2-3.
In addition, the Division of Labor adopted the Federal Department of Labor’s regulations regarding the timing of breaks that Utah employers must enforce in the private sector. Under these Utah regulations, the following must be satisfied in order for a meal to be unpaid (this would occur when the employer allows its employees to take a meal break at anytime during their shift): (1) the employer must relieve the employee of all duties; and (2) the period must be long enough to relieve the employee of all duties, usually 30 minutes or more. An employer may not require the employee to take an unpaid meal simply because the employee is not working during that time. If the above requirements are not satisfied, then the unpaid meal period will be considered hours worked for which the employee must be compensated.
With regard to paid breaks, Utah regulations allow for a "rest period" for every four (4) hours of work but only for a period of 10-20 minutes. Thus, the employer must allow for one (1) paid 10-minute break for every four (4) hours of work. An employer could, however, combine this into one (1 paid 20-minute break for every eight (8) hours worked. However, this rule can be adjusted by the employer and employees can agree to different times.
Rest Breaks in Utah
In addition to meal breaks, Utah law also requires employees be provided short rest breaks. However, unlike meal breaks, Utah’s wage and hour law is silent as to the duration and frequency of such breaks. Instead, separate break requirements are found in the administrative code and in the Industrial Relations Commission ("IRC") rules. Pursuant to Utah Admin. Code Rule R610-2-2(3), an employer must provide a 10 minute paid rest period to employees for every three hours on duty. Additionally, the IRC requires employers in certain industries and occupations to provide "adequate" rest time, which may run the length of the meal period. In the case of individuals in the mining industry, Section 4(D)(2) of the Utah Handbook for Mine Safety and Health describes the requirement that breaks be provided. As with wage and hour laws throughout the country, enforcement and violations may be confusing and left to the discretion of judges and administrative bodies. Similarly, the court and the Utah Labor Commission have held the rest period requirements are not applied with strict adherence. See In re Pacificorp d/b/a Utah Power & Light Co., 1990012 (Ut. Labor Comm’n Oct. 15, 1998) (in relation to telephone company ancillary responders and support personnel).
Federal Break Laws vs State Laws
On the federal level, the applicable law is Federal Fair Labor Standards Action, 29 U.S. Code §§ 201-219. Per this Act, there are no required "breaks". The applicable regulation explains: Which jobs or activities are not work time? Time spent in certain activities is not work time. The following are examples of such activities: (a) Bona fide meal periods. Meal time constitutes a part of the workweek for which an employer is required to pay an employee if it is determined that the employee is performing work while eating. Thus, an adjustment must be made for the portion of the meal period covered by work. However, "bona fide" meal deals are not work time and, accordingly, are not compensable if three conditions are met: (a)(1) They are a bona fide meal period; that is, a reasonable amount of time for the meal is typically afforded. Thus, a bona fide meal period can never be less than 30 minutes, and garnishments often hold that a lunch period lasting less than 30 minutes is not a bona fide meal period. (a)(2) They must be taken in the middle of the workday. Thus, breaks that are taken at the beginning or end of the day are not generally deemed bona fide meal periods. (b) Rest periods. Eligible employees are entitled to rest periods that are counted as hours worked. The requirement for paid rest periods is intended to prevent fatigue of employees who are required to perform manual labor for long periods of time. The obligation is to provide rest periods which, in the aggregate, total 20 percent of the number of hours worked each day. While the above laws govern the rules for federal employees, Utah law differs slightly. Under Utah law, breaks are governed by Utah Code § 34-28-12. Before describing the break laws, it is always worth checking the regulations enacted under the statute to see if any additional obligations have been put upon the employer. Regarding break laws in Utah, the statute states: (1) Any employer employing five or more employees, except hotel or restaurant employers, operating in any city in this state in which a gross population of 30,000 or more is located, shall furnish such employees with reasonable provision for a lunch period of at least 30 minutes between the hours of 11:00 a.m. and 2:30 p.m. unless the employee waives such lunch period. Nothing in this section shall apply to employers who allow five or more employees to take time from work at such times as they may choose for a lunch period of a minimum of four consecutive hours during the hours between 10:00 a.m. and 8:00 p.m., provided the employer makes suitable provisions for carrying on the employer’s business during such lunch period. (2) Any employer employing five or more employees, except hotel or restaurant employers, operating in any city in the state in which a gross population of less than 30,000 is located, shall furnish such employees an opportunity to take at least one half hour of work between the hours of 10:00 a.m. and 8:00 p.m., or shifts operated primarily between these hours. Nothing in this section shall apply to employers who allow five or more employees to take time from work at such times as they may choose for a lunch period of a minimum of four consecutive hours during the hours between 10:00 a.m. and 8:00 p.m., provided the employer makes suitable provisions for carrying on the employer’s business during such lunch period. (3) Break periods of up to 20 minutes may be counted as hours worked. (4) This section does not apply to any employee whose compensable time for a workweek is governed in its entirety by a collective bargaining agreement. Nothing herein shall permit an employer to reduce an employee’s compensation or number of scheduled working days below usual industry standards. (5) This section does not affect any collective bargaining agreement or employment contract concerning lunch periods which is in effect on May 11, 1987.
Specific Break Rules for Minor Employees
Per Utah Admin. Code R 162-2-11(3)(a), "no minor under the age of 18 will be permitted to work more than 5 hours without a 30-minute paid rest break; however, a minor can waive a paid rest break when he or she works an 8-hour shift without a break. In such a case a 10-minute unpaid rest break must be allowed after the first 2 hours of work."
The Utah Administrative Code prohibits a minor under the age of 16 from working more than 4 hours without a 30-minute meal break. If a minor is permitted to work more than 4 hours but less than 6 hours, this meal break may be taken any time after 4 hours of work and does not have to be duty-free.
Possibly even more relevant to Utah employers , minor employees have additional workplace protections not afforded to adult employees under the FLSA and Utah law. For example, minors must be allowed appropriate breaks for rest and meals. Federal and state law generally provides that minors must receive a 30-minute rest break during a shift over 5 hours. In some cases, a longer meal or rest period may be appropriate. These breaks do not have to be paid if the employer so elects. However, if the employer does not choose to pay for workers’ rest or meal periods, these periods would still count toward the total work hours for overtime purposes.
Penalties for Employers Who Don’t Comply
Employees who feel they have not been properly compensated for time that should have been an uninterrupted break can file a wage claim with the Utah Labor Commission. An employee could also file a civil action but there is no private right of action for an employer’s failure to follow the breaks law. Instead, the employee would just have a claim for wages owed and an action under the Utah Wage Collection Act. However, the damages are better under a low wage claim in the Utah Labor Commission.
The penalties for not providing the required breaks, or compensation for required breaks vary based upon whether the violation was intentional or accidental.
If an employee claims missed breaks on two or three occasions, the employers will be fined $200 per occurrence. If the employee claims missed breaks on four or more occasions, then the fine increases to $300 per occurrence. This amount is doubled to $600 per occurrence where an employee claims the violation was intentional or knowing. The fine is $100 per employee for the first violation. The fine is $500 per employee for second violation. The fine is $1,000 per employee for a third violation. The Administrative Judge has discretion on the amounts of fines to impose. However, the fines listed above show the benchmark amounts.
How to Address a Dispute over Breaks
Employees who believe that they have been denied proper meal or rest breaks may file a complaint with the Utah Labor Commission, which is tasked with investigating wage and hour complaints. Employees can accelerate the complaint process by filing it online, or they can submit a hard copy complaint in person or by mail. Upon receipt of a properly filed complaint, investigators will attempt to bring the parties to a resolution by engaging in informal mediation. In some cases, however, this will not be successful. If this occurs, investigators may conduct a more formal investigation. Ultimately, this means that if you file a claim against your employer, someone at the Labor Commission will investigate whether your claim is valid.
If you believe that your employer has failed to provide you with the appropriate number and length of rest and/or meal breaks under Utah law, you should first try to resolve the issue amicably. Your human resources department is a good place to start, as it has most likely encountered similar issues in the past. More often than not, if you approach human resources, an amicable resolution can be found without involving the Labor Commission.
If you are not satisfied as to how the matter has been handled, or if you do not have a human resources department or believe that your HR department is not acting in good faith, you should file a complaint with the Labor Commission. Because of the short time limits to file a complaint following a break violation, we strongly recommend that you contact an experienced Utah employment lawyer to discuss your options.
Utah Break Law FAQ
Q: If an employee refuses to take a lunch, does the employer still have to pay them for the full meal break?
A: Whenever an employer allows a nonexempt employee to work through any required paid rest or meal period, the employer must pay that employee for the time worked and may not make any deduction from the employee’s wages.
Q: Does the employer have to count a period where the employee is going to or from their place of work to a rest or meal period as hours worked?
A: No. An employer is not required to count a period as time worked where the employee is going or coming from the place where they are required to be for the performance of their duties to a rest and meal period.
Q: If an employee is off-site at a job site, do the breaks they take have to be taken away from all job sites?
A: No, an employee can continue with their health care while at a job site. A required rest and meal period is a relief from work duties, and an employee who is working during a required rest and meal period cannot be relieved of duty for purposes of consuming a meal whether on or off of premises . If the employee continues to be permitted to engage in their work duties during a required rest and meal period, such unauthorized performance of work will be considered as hours worked for which the employee must be compensated.
Q: Does an employer have to count travel time as hours worked for an employee who is going to work at a different location?
A: Generally, yes. When an employee is traveling to a location other than their official base of operations, the employer may not exclude the time spent traveling from and back to the employee’s official base of operations and must compensate the employee for the time spent traveling.
Q: If an employee voluntarily works through a rest or meal period but it’s not normally part of the company practices, are they still entitled to extra compensation?
A: If the voluntary work that the employee performed was not part of a prescribed practice or custom, it is not compensable.
