Georgia Lunch and Break Law

July 31st, 2006 Posted by Sarah

In my research of state lunch and break laws, I have learned that Georgia is one of many states that does not have any specific state laws regarding this topic.

Although Georgia does not have a lunch and break law for those persons 16 and over, there are applicable federal rules for Georgia citizens. While Federal Law does not mandate specific breaks or meal periods, it does give guidance as to whether or not an employee should be paid during these times. Short breaks, those that are usually 20 minutes or less, should be counted as hours worked. Genuine “meal periods” are usually 30 minutes or more, and do not need to be compensated as work time. For this to be the case, however, the worker must be completely relieved of his or her duties during the meal break. If the employee is still required to do any duties (even small duties such as answering a phone), it can’t be considered a meal or lunch period and must be paid.

Federal law also contains other provisions related to employee pay during times of waiting, sleeping and traveling. Whether or not waiting time needs to be considered paid work hours depends on the situation. If an employee is allowed to do something of his or her choosing while waiting for another task to be finished or while waiting at the workplace for his or her services to be called upon, it is generally considered work time. On the other hand, if an employee is waiting to be called upon, but has great freedom to do what he or she wishes while on call (and has plenty of time to respond to the call), it is not generally considered paid work time.

Another issue I find comes up in the area of work hours is the issue of travel time. The general rule of thumb is that time spent in the normal day’s commute to and from work is not considered paid working time. However, if an employee is traveling in the course of a days work, it must be considered paid work time.

Finally, when it comes to sleeping time, an employee required to be on duty less than 24 hours is considered to be “working” even if he or she is permitted to sleep during some of those hours when not busy. If an employee is on duty more than 24 hours, a sleeping period of no more than eight hours may be deducted from work hours. However, this can only be done if sleeping quarters are provided and at least five hours of uninterrupted sleep may be achieved by the employee.

Complete information on the laws related to lunches, breaks and other pertinent labor issues can be found on the Georgia Complete Labor Law Poster.

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Delaware Labor Law Board »
Posted in Employment Laws, Georgia, Wage and Hour, Worker's Compensation

  1. Posted by: ROBOLAW

    If you work 12 - 14 hour days, how many breaks should apply and long is the lunch break for working longer hours?

  2. Posted by: Amelia

    Hi Robo! Unfortunately, Georgia does not have any law requiring meal or rest breaks, even on shifts of 12 to 14 hours. For a more complete answer, please post your question on our sister site at http://www.laborlawtalk.com. And, thanks for reading the blogs! ~ Amelia

  3. Posted by: Jhon

    I work for a auto dealer, I am a sales rep and my question is can my Employer restrict me from going out to get lunch even thought that I am in a commission job. they dont pay any salary. thanks

  4. Posted by: Amelia

    Hi Jhon! The answer is yes. Employers set the conditions of employment. Under federal law, an employer can require that the worker remain on the premises even during an unpaid meal break. This is true, regardless of how the employee is paid. (There is an exception in California.) For a more detailed answer, post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blog!~ Amelia

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