State laws (statutes and regulations) generally govern the number and length of breaks and meal periods employers must provide employees—usually based on the number of consecutive hours the employee has worked that day. These laws vary from state to state and many states have separate provisions requiring meal periods specifically for minors (when minors are covered by two provisions, employer must observe the higher standard).
Federal law does not require lunch or coffee breaks for employees, but if employers do offer short breaks (usually lasting about 5 to 20 minutes) federal law considers the breaks compensable work hours that must be included in the number of hours worked when calculating overtime pay. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and that any extension of the break will be punished. Bona fide meal periods (typically lasting at least 30 minutes) serve a different purpose than coffee or snack breaks, are not work time, and are not compensable.
In Pennsylvania, state law does not require employers to provide breaks or meal periods to employees who are 18 years of age or older. However, for minors (individuals under the age of 18), state law mandates a 30-minute meal period for any shift lasting more than five consecutive hours. Employers must adhere to this requirement for minors, ensuring they receive the mandated meal period. For adult employees, while there are no state-required breaks or meal periods, if an employer chooses to provide short breaks (usually lasting about 5 to 20 minutes), these breaks are considered compensable time under federal law and must be included in the total hours worked for the purposes of calculating overtime. Meal periods, on the other hand, are typically at least 30 minutes long, are not considered work time, and are therefore not compensable, provided the employee is completely relieved from duty and the time is not spent working.