Mandatory meal break

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  • Except as otherwise provided for in a written contract or by a collective bargaining agreement:
    • (a) An employer shall provide its employees who work for a continuous period of seven hours or longer with:

      • (1) An uninterrupted meal period of not less than 30 minutes during which the employee is relieved of all duties. The meal period must begin no later than five hours after the start of the work period; or

      • (2) An “on-duty” meal period while continuing to perform duties or remaining on call. The employer must show that the nature or circumstances of the work prevent the employee from being relieved from duty.

    • (b) Meal periods are not included as part of the work period, as used in this section, unless the employee continues to perform duties during the meal period.

    • (c) The Commissioner of Labor may promulgate rules and regulations not inconsistent with this section.


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