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Meal and rest time rules: 4 checks before a labor rate

Labor rates

MarkupYard Editorial Team · Published · 10 min read

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Before setting a labor rate, check the meal and rest rules that decide when a technician's breaks are required and whether that time is paid.

Key takeaways for meal and rest time rules before a labor rate

California's five-hour meal, ten-hour second meal, and the extra hour of pay

California’s Division of Labor Standards Enforcement (DLSE) sets two distinct meal period triggers based on daily work hours. An employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than thirty minutes, according to California Department of Industrial Relations . If the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. This waiver option applies strictly to the first meal period when the shift length stays within that six-hour limit.

A second meal period of not less than thirty minutes is required if an employee works more than ten hours per day, according to California Department of Industrial Relations . The source notes an exception for this second period: if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and employee only if the first meal period was not waived. This creates a dependency where the ability to waive the later break relies on the earlier break having been provided.

When these rules are not followed, the Division of Labor Standards Enforcement (DLSE) page references the legal remedy. In the Cole case, the California Supreme Court held that the remedy for meal and rest period violations of "one additional hour of pay" under Labor Code section 226.7 is a wage subject to a three-year statute of limitations, according to California Department of Industrial Relations . Accordingly, a claim must be filed within three (3) years of the alleged meal period violation, according to California Department of Industrial Relations .

Washington's thirty-minute meal and ten-minute rest

WAC 296-126-092 sets the meal and rest windows for a Washington technician. The page states that employees shall be allowed a meal period of at least thirty minutes which commences no less than two hours nor more than five hours from the beginning of the shift, according to Washington State Legislature . This window places the break in the middle of the shift rather than at the very start or the very end. The rule also caps continuous work time. No employee shall be required to work more than five consecutive hours without a meal period, according to Washington State Legislature . If a technician works past the five-hour mark, the meal period becomes mandatory under this specific Washington rule.

Rest breaks operate on a different clock than the meal period. Employees shall be allowed a rest period of not less than ten minutes, on the employer's time, for each four hours of working time, according to Washington State Legislature . The phrase "on the employer's time" is the critical detail for your labor rate. These ten minutes are paid time. When you calculate the hourly cost for a Washington technician, you must include these rest minutes in the paid hours. A technician who works four hours receives ten paid minutes. A technician who works eight hours receives twenty paid minutes. These minutes add to the total paid time for the day.

The page includes a specific condition for intermittent rest. Where the nature of the work allows employees to take intermittent rest periods equivalent to ten minutes for each 4 hours worked, scheduled rest periods are not required, according to Washington State Legislature . This clause applies when the job itself provides natural breaks. For a shop technician working on a continuous repair job, the nature of the work may not allow for such intermittent rest. In that case, you must schedule the ten-minute paid breaks. If the technician is moving between jobs or waiting on parts, the work may allow for intermittent rest. You must determine which condition applies to your specific shop workflow.

Minnesota's thirty-minute meal and fifteen-minute rest

When a technician works for six or more consecutive hours, the employer must allow a meal break of at least 30 minutes, according to Minnesota Revisor of Statutes . This specific threshold applies to the meal period required by Sec. 177.254 MN Statutes. Nothing in this section requires the employer to pay the employee during the meal break, except under subdivision 4, so check subdivision 4 before you leave this 30-minute block out of the paid labor cost, according to Minnesota Revisor of Statutes . This unpaid status is the standard rule under Sec. 177.254 MN Statutes, with the exception noted in subdivision 4.

The rest break requirement operates on a different schedule and has distinct payment implications. An employer must allow each employee a rest break of at least 15 minutes, or enough time to utilize the nearest convenient restroom, whichever is longer, within each four consecutive hours of work, according to Minnesota Revisor of Statutes . This rule is found in Sec. 177.253 MN Statutes. When calculating the hourly cost for a technician in Minnesota, you should verify if your internal policy treats these 15-minute intervals as paid time. If your shop policy pays for rest breaks, those minutes must be added to the total labor hours for the job (see Paid technician time: 6 inputs for your labor rate ). If your policy does not pay for them, they are excluded from the labor cost.

To apply these rules to your pricing, check the duration of each technician's shift. If the shift is six or more consecutive hours, schedule a 30-minute meal break. Under the general rule of Sec. 177.254, this time is not paid, except under subdivision 4. Within each four consecutive hours of work, schedule a rest break of at least 15 minutes, or longer if needed to reach the nearest convenient restroom, since the statute requires whichever is longer. Determine if this time is paid based on your specific shop policy. Do not blend these Minnesota rules with California or Washington rules. The six-hour trigger for the meal and the four-hour trigger for the rest are specific to this state's statutes.

The federal thirty-minute meal benchmark, and what it covers

The federal regulation addresses how to count meal periods when calculating hours worked. According to Legal Information Institute , ordinarily 30 minutes or more is long enough for a meal period under 29 CFR § 785.19.

When setting a labor rate, distinguish between a break that is required and one that is merely recognized. The federal text cited here provides a benchmark for what constitutes a meal period in the context of wage calculation. If your workplace provides a meal period of 30 minutes or more, it may fall under this definition. Do not blend this federal definition with state-specific mandates. Other sections of this article detail California, Washington, and Minnesota rules that explicitly require meal periods. The federal page referenced here focuses on the classification of time already taken. For a shop owner, this means checking whether your state law requires a meal break first. If it does, follow that state's specific timing and payment rules.

A filled reference table of the meal and rest rules, one row for each publisher

Use the table below to match each workplace rule to its publisher and the specific paid or unpaid status noted on that page.

Publisher Meal Rule Rest Rule Paid Status
California Department of Industrial Relations Meal after 5 hours; second meal after 10 hours Ten consecutive minutes for each four-hour period Rest period counted as time worked; one additional hour of pay for violations
Washington State Legislature Thirty-minute meal between 2 and 5 hours from shift start Ten minutes on employer's time for each four hours Rest period on employer's time
Minnesota Revisor of Statutes Thirty-minute meal after six consecutive hours Fifteen minutes for each four consecutive hours Meal need not be paid

Check the specific state law for your shop before setting the labor rate, and see Repair labor tax rules in 4 states before pricing .

Illustrative example: an 8-hour Washington shift

A hypothetical technician works an 8-hour shift in Washington. Two four-hour blocks give 20 minutes of paid rest (ten minutes each), so add those 20 minutes to the paid hours for the job. The meal period must start two to five hours into the shift.

Next step: Today, for one technician who worked yesterday, write the meal and rest minutes the rule for that workplace states, and mark which of those minutes the same page says are paid.

FAQ about meal and rest time

When is California's first meal due?

In California, an employer may not employ an employee for a work period of more than five hours per day without providing a meal period of not less than thirty minutes, according to California Department of Industrial Relations .

Is the extra hour of pay considered hours worked?

The page describes the remedy as a wage. The California Supreme Court held that the remedy for meal and rest period violations of "one additional hour of pay" under Labor Code section 226.7 is a wage subject to a three-year statute of limitations, according to California Department of Industrial Relations .

What do Washington and Minnesota require for meal and rest breaks?

Washington requires a meal period of at least thirty minutes that starts no less than two hours and no more than five hours after the shift begins, according to Washington State Legislature . Washington also requires a rest period of not less than ten minutes, on the employer's time, for each four hours of working time, according to Washington State Legislature . Minnesota requires an employer to allow each employee who is working for six or more consecutive hours a meal break of at least 30 minutes, according to Minnesota Revisor of Statutes . Minnesota requires a rest break of at least 15 minutes or enough time to utilize the nearest convenient restroom, whichever is longer, within each four consecutive hours of work, according to Minnesota Revisor of Statutes .

What does the federal thirty-minute sentence cover?

The Legal Information Institute states that ordinarily 30 minutes or more is long enough for a meal period, according to Legal Information Institute .

Is a rest break paid time?

Yes, in California and Washington. The California page states that the rest period is counted as time worked and therefore, the employer must pay for such periods, according to California Department of Industrial Relations . The Washington page states that employees shall be allowed a rest period of not less than ten minutes, on the employer's time, for each four hours of working time, according to Washington State Legislature .