State Law
Nevada is one of 20 states in which employers are legally required to provide a rest or meal break to adults and minors employed in the private sector. State law enforces an unpaid 30-minute meal break for employees who work 8 consecutive hours or more in a day. Apart from the required meal break, employers must also allow employees the right to a 10-minute periodic paid rest break for every 4 hours worked or in between long work periods. This law applies to employers with 2 or more employees.
Federal Law
Many people are not aware the Federal Government does not enforce any laws or regulations that require employers to allow their employees the right to time off to eat a meal or the right to take staggered rest breaks during their day of work. Although these types of breaks are not mandatory under federal labor law, many employers still provide these breaks as a form of formality and policy. Every business owner wants an efficient and positive workplace, which can’t be achieved with energy drained and hungry employees.
If an employer in the state of Nevada decides to offer employees other breaks besides the 30-minute meal break required by the state, the employer must be in ordinance with Federal laws and rules pertaining to such breaks. Any break of 20 minutes or less is considered part of the workday, therefore, it must be paid- covered by the Fair Labor Standards Act (FLSA). Federal Law as allows employers the right to offer employees a meal break of 30 minutes or more with the choice of paying for the break or not. The deciding factor, whether a break should be paid or not, is if the employee was performing any labor related tasks during the time of rest. For example, if a receptionist must answer calls while he/she eats, the break must be paid.
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