Not All States Have Pro-Employee Laws Regarding Employee Work Breaks People are often surprised when I inform them there are no federal laws requiring employers to give breaks to their employees, however let me assure you that this is factual. There is no law that mandates rest breaks, lunch breaks, or even breaks for using the bathroom; and don't even consider OSHA and their bathroom breaks. In most states there are not even laws requiring breaks for any reason except for minors. There are some states that have laws which require work breaks and if you're lucky you may live in one of them. Here is a quick look at a breakdown of these states: • In regards to meal breaks There are only 20 states requiring any meal breaks. It is required …show more content…
Despite this, there are some legal rights available to you. Disability: If you have a disability which requires you to eat regularly, or you have the necessity because of your disability, to regularly use the bathroom, you may file a form for reasonable accommodation with HR to mandate your breaks under the Americans With Disabilities Act. If after filing this form, your boss still will not honor the approved accommodation, you should report his/her conduct to HR. If after this, the company still refuses to accommodate your needs, it is quite possible that you have a disability discrimination case. Nursing: If you are nursing you are legally entitled it to a break in a private location where you can express your milk. Sex discrimination: I had a conversation once with a woman who told me that her boss would not allow her to take her purse into the restroom, even though she was on her period. The company had no such restrictions placed on men as to what they could take into the restroom. She reported this incident to HR, and fortunately they were smart enough and had sense enough to immediately stop this