Excludes certain agricultural and seasonal employees. Performance evaluations are generally a matter of agreement between an employer and employee (or the employee's representative). The FLSA does not limit the number of hours per day or per week that employees aged 16 years and older can be required to work. However, if the employer does Excludes agriculture where fewer than 10 are employed, domestic employment, and fishing industry, among others. Not paying employees for all time worked is a form of. Other common problems occur when employers deduct breaks from an employees time card automatically or ask someone to work through their lunch breaks. #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} Not applicable to places of employment where there are fewer than 3 employees on duty at any one time and the nature of the work allows those employees frequent paid breaks during the workday. Exempt employees receive meal and rest breaks at their employers discretion. She also advises and represents employers on the Fair Labor Standards Act and related state statutes, ranging from worker classification audits to claims alleging unpaid wages. When must breaks and meal periods be given? If an employee works 8 or more consecutive hours, the employer must provide a 30-minute break and an additional 15 minute break for every additional 4 consecutive hours worked. .usa-footer .grid-container {padding-left: 30px!important;} Sufficient unpaid time for employees who work 8 consecutive hours or more. 30 minutes beginning no less than 5 hours and one minute after the beginning of the shift. Explore features that help your business, no matter your size. However, state laws can be more restrictive. An agency within the U.S. Department of Labor, 200 Constitution Ave NW If lunch breaks are deducted from employee time cards automatically, employees should be able to edit their time cards to reflect time worked. Note: Pennsylvania Has Special Regulations for Minor Employees. Excludes, among others, administrators, executives, professionals, travel agents, labor union officials or organizers, certain drivers, domestic service employees, public sector employment, and certain employees covered by collective bargaining agreements. Hotel room attendants may not be required to work during a break period. /*-->