Under the New Hampshire law, a manager must allocate a thirty minute meal break to any employee who works five ensuing hours unless it is achievable for the employee to eat while working and if the employer permits the employee to do so. It is upon the employer when deciding if the break should be paid or unpaid, depending on the company’s policy. For example, if a customer service representative works 8 hours a day, the employee must be given a thirty-minute meal break after 5 consecutive hours of work. If the customer service representative can eat at the works station, the “break” must be paid if they are still working by answering phone calls.
About other breaks during the work day, besides the required half hour meal break after five successive hours of work, there is no federal or state concern that an employer administers breaks or rest periods. If, however, breaks are either required or approved by the employer and they are 20 minutes or less, the New Hampshire and federal labor departments will perceive the break as hours worked and thus, the time is atone.
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