Do I legally have to have a break?

There is no federal requirement in the US to provide work breaks, and Pennsylvania only requires breaks for minors. So if you're 18 or over, your employer is not required to give you any breaks, regardless of how long your shift is.

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USLF Multistate Employment Law Handbook - Guide

Work Labor Law With Breaks In Philadelphia

Category:

Employment - Handbooks

State:

Multi-State

County:

Philadelphia

Control #:

US-002HB

Format:

Instant download

Description

The document provides a comprehensive overview of work labor law with breaks in Philadelphia, outlining the rights and protections afforded to employees under federal employment laws. Key features include minimum wage requirements, overtime payment guidelines, and regulations regarding breaks during work hours. The Fair Labor Standards Act is emphasized, detailing the definitions of employees and their eligibility for various protections based on their work classification. Filling and editing instructions suggest consulting with an attorney for specific legal situations, especially concerning violations of wage and hour laws. This document serves as a crucial reference for attorneys, partners, owners, associates, paralegals, and legal assistants, providing essential information for navigating employment law cases. The form also highlights the importance of awareness regarding discrimination in hiring and employment status, ensuring that the legal rights of individuals in the workplace are protected. Use cases include addressing employee layoffs, workplace safety regulations, and adherence to child labor laws relevant in Philadelphia.

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FAQ

What is the Law Regarding Breaks and Meal Periods? Pennsylvania employers are required to provide break periods of at least 30 minutes for minors ages 14 through 17 who work five or more consecutive hours. Employers are not required to give breaks for employees 18 and over.

The Fair Workweek law in Philadelphia requires covered employers to provide service, retail, and hospitality workers with a predictable work schedule. It also requires good faith estimates and 14 days advance notice of schedule, along with other protections.

There is no federal requirement in the US to provide work breaks, and Pennsylvania only requires breaks for minors. So if you're 18 or over, your employer is not required to give you any breaks, regardless of how long your shift is.

Rest breaks between shifts Adult workers are entitled to a daily rest period of 11 consecutive hours between each working day and a weekly rest period of 24 consecutive hours in each seven day period i.e. at least one day off per week.

Pennsylvania does not have any state laws regarding rest and meal breaks. As a result, the state adheres to the federal Fair Labor Standards Act (FLSA).

Individual complaints should typically be filed with the Pennsylvania Department of Labor and Industry or the U.S. Department of Labor. PENNSYLVANIA HUMAN RELATIONS COMMISSION (PHRC) TO PRESERVE YOUR INDIVIDUAL RIGHTS IN YOUR CASE.