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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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

  5. Posted by: Jay

    My company have a weird pay period where they pay us on the 4th and the 19th every month no matter what. Sometimes there are more than 14 days in a pay period resulting in hours in excess of 80. My coworker works lots of overtime. I mean he worked 80 hours just this week, but the company is only paying him his regular wage instead of 1.5. How is a work week determined? Is it a 7 day period (Monday-Sunday)? Seems like they are getting over.

  6. Posted by: Amelia

    Hi Jay! Yes, under federal law, the work week must be a 7-day period. Employees are entitled to overtime when they work more than 40 hours in the payroll week. (Not more than 80 hours in the payroll period.)

    The employer can define when the payroll week is. For example, it can run from Thursday to Wednesday, or from Sunday to Saturday. However, the employer cannot change the payroll week from one pay period to the next.

    It is possible that your friend is an exempt employee who is on salary. Exempt employees are never entitled to overtime. If not, you or your friend should definitely contact the Wage and Hour Division of the U.S. Department of Labor at dol.gov. HTH, and thanks for reading the blogs!~ Amelia

  7. Posted by: chevy

    my man is working if a company that has not paid them in 6 weeks i want to know what we can do and if the company is breaking the law

  8. Posted by: Amelia

    Hi chevy! Yes, of course the employer is breaking the law. Paying employees $0 is paying them less than the federal or Georgia minimum wage, and it is illegal. Unfortunately, Georgia does not have an agency that enforces this law. Your man should file a wage complaint with the US Department of Labor at http://www.dol.gov. He could also take the employer to small claims court to collect his past due wages. No attorney is required for small claims court, and that may be your only resort if the employer is too small to be covered by federal law.
    Your man should act now. If the company goes out of business, he may never collect his past due wages. Nonpayment of wages is usually a sign that the employer is having significant cash flow problems, and may not be in business long. An employee who quits because he has not been paid qualifies for unemployment benefits. Your man might be better off spending his time looking for a paying job, rather than working for nothing. HTH, and thanks for reading the blogs!~Amelia

  9. Posted by: Corinne

    I work for a fast food restaurant and they require you to clock out for a 20 min break. Is that allowed in Georgia?

  10. Posted by: Amelia

    Hi Corinne! Yes, this is permitted. The employer can establish a break policy, and discipline or terminate any employee who does not follow the policy. If the break is shorter than 20 minutes, it must be paid. But a break of 20 minutes or more can be unpaid, under federal law. HTH, and thanks for reading the blogs!~ Amelia

  11. Posted by: Joshua

    hey I work at a bar/restraunt and we are given breaks but not allowed to leave the restraunt or to bring in our own food. To eat the food is fairly unhealthy and i have a specific diet and we still have to pay for it though half off. Is this legal?

  12. Posted by: Amelia

    Hi Joshua! Yes, in most cases this is legal. There is no law that the employer must permit employees to leave the premises for meal breaks. Local health codes in many cases prohibit employees from bringing food from unapproved vendors onto the property — and that would include food from home. (Other restaurant owners may be afraid that food employees bring in could harbor insects or harmful microbes. Or they may just be jerks.) Think of this as a challenge, to find a way to order a healthy meal that is an adaptation of a menu item. “I’ll have the potato skins, no bacon, no sour cream, just a little cheese with broccoli and red bell pepper on top.” Or, eat a hearty meal before you come to work and don’t eat during your break.
    You mention a specific diet. If and only if you genuinely have a disability such as diabetes, the employer may have to make a reasonable accommodation for your dietary needs under ADA, the Americans with Disabilities Act. But otherwise, you’ll have to grin and bear it. HTH, and thanks for reading the blogs!~Amelia

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