A Breakdown of Idaho Labor Laws
Idaho labor laws outline the rules and regulations that employers and employees must follow in the workplace. Although these laws broadly cover many aspects of the employee-employer relationship, they are less detailed than federal labor standards. In fact, both federal and state law apply to most employees in Idaho.
The United States Department of Labor establishes federal minimum wage and overtime pay rates that apply to full-time and part-time workers nationwide , but states can establish their own labor laws, such as the time allotted for lunch breaks or rest periods between shifts. Idaho is one of the few states to not require a lunch break for employees who work more than 5 hours in a single day. Instead, lunch breaks are optional, although state law does require that most employers develop a written employee handbook and allow employees to request flexible hours and breaks.
Idaho labor laws also cover other requirements for employers and employees, including:
Lunch Break Requirements in Idaho
Idaho has no state-specific law regulating meal breaks or rest periods. Therefore, the general rule is that if you have a policy or practice of providing breaks and more than five consecutive hours of work, short breaks are considered compensable work time. Lunch breaks, or "bona fide meal periods," generally are not considered hours worked, however. In situations where an employee must stop working, but remains on duty to wait for the next break, that time is considered compensable work time. For example, waiting for the end of a bus route; lunch served at work at no charge; or waiting for others to return from lunch are all considered compensable work time. If there is a collective bargaining agreement or a contract between the employee and employer defining the employees’ meal breaks, the terms of the contract apply in lieu of any Idaho laws.
A Look at Lunch Break Laws by State
When comparing Idaho labor laws on lunch breaks with those of other states, it becomes clear that many have more rigid regulations. For instance, in California and Washington, non-exempt employees must receive a 30-minute meal break when they work more than five hours in a shift, according to the DOL. Furthermore, a second 30-minute meal break is required for shifts exceeding 10 hours. Workers in Arkansas, Florida, Iowa, Kentucky, New Mexico, Oregon, Tennessee and Virginia are similarly entitled to a 30-minute meal break, according to the DOL.
Many more states do not require employers to offer any type of meal break. In Maine, labor laws regarding lunch breaks require employers to provide an unpaid meal break of 30 minutes if an employee is scheduled to work for six hours straight. However, this is the only state without a rigorous mandate on lunches or breaks.
At least six other states only require breaks for minors, including child workers, as opposed to being a labor law on lunch breaks for all employees. New Jersey mandates a 30-minute rest seat break for workers under the age of 18, while Wisconsin requires a 30-minute rest period for minors who work five continuous hours in a row. In Mississippi, workers under the age of 16 must also have at least 30 minutes of time off for every five hours they work consecutively in a day.
Because Idaho at least meets the minimum required by federal law, it comes as little surprise that many other states are more rigorous and more exacting than the Gem State.
Employer’s Role and Obligations
Most private sector employees in Idaho are entitled to at least one 30-minute uninterrupted meal period for every five consecutive hours of work. This requirement is meant to ensure that employees have time to eat and rest during their work shifts. However, employers may be able to negotiate alternative break policies with their employees, as long as the employees consent to them and understand that these alternatives are not necessarily in their favor. When implementing policy deviations, or simply drafting "break" policies, it is always best practice for employers to seek legal advice. While not common, violation of Idaho’s meal period policies can lead to lawsuit liability. Employers in Idaho should make every effort to ensure that their break policies comply with the state’s labor laws. Issues can arise when employees are seated at a station during meal times or when employees are required to stay on the premises during meal periods. To ensure compliance with Idaho law, employers should do the following: Under Idaho law, deviations from the specified 30-minute meal periods are discouraged. Employers must be careful when attempting to implement deviations that require employees to work through their required meal period because Idaho courts view the breaks as an important aspect of employee well-being.
Understanding Employee Rights
When it comes to lunch breaks, Idaho and federal law do not require employers to offer employees working in Idaho breaks or meal periods. Nonetheless, regardless of whether or not an employer is required to provide a lunch break, employers are required to pay their employees for all time during which they are performing work or are "suffered or permitted" to perform work. What this means is that an employer is obligated to pay employees for their entire shift, including all time spent on breaks or eating periods, except for the following:
Pursuant to Idaho law, if the lunch period is over 30 minutes and is "customarily" taken, but not guaranteed, as part of the employee’s work schedule, an employer does not need to compensate the employee for time during the meal break because such breaks do not constitute hours worked. For this reason, it is important that employers who do not want to compensate employees for meal periods communicate to the employee that it is the employee’s responsibility to return to their work stations by a certain period of time and that the employee will not be compensated for meal periods that are not taken.
Nonetheless, in practice, it is not uncommon for employees to still be found entitled to pay for meal periods despite a determination that the period was customarily not paid. Even in instances where an employer has a policy in place requiring a take or pay type of system for breaks, that policy still must be followed and it is the employer’s burden to show that the employee did not already demonstrate a practice of taking breaks and then later not taking breaks , and therefore the employer was entitled to take back the previous 30 minutes of compensation for time that they believe is not compensable. Essentially, this happens because the employer cannot take away the previous compensation unless they can establish that the unpaid break time was "customarily" not compensated.
If an employer violates the above laws and does not pay its employees for all compensable hours, the employer can face claims filed by or on behalf of the affected employees with the Idaho Division of Labor & Industrial Relations, the United States Department of Labor, and/or in court. Claims filed through the Idaho Division of Labor & Industrial Relations will be investigated by the Idaho Division of Labor & Industrial Relations, while claims filed in court will be pursued directly by the employee(s)/employees’ attorney.
Because IDOL will not disclose the name of the party that filed the complaint, the employer may not immediately be aware of the pending claims against it until IDOL contacts the employer to investigate the complaint. Complaints cannot be filed through the Idaho Division of Labor & Industrial Relations and in court simultaneously.
Should you believe your employee rights regarding lunch breaks have been violated, we recommend that you, and/or your attorney, first determine what if any compensation policies were in place and then calculate the total hours of alleged time that is unpaid, at what rate/for how much total compensation is owed. From there, you should contact an attorney to discuss your concerns and decide on a method to pursue those claims, either via court action or through the Division of Labor and Industrial Relations.
The Influence of Lunch Break Policies on Work Performance
The role of lunch breaks in promoting employee satisfaction and well-being cannot be understated in a world that is increasingly competitive. For instance, studies led by the University of Illinois found that taking breaks helps with self-control. This is supported by a study published in The Harvard Business Review, which notes that time spent off-task increases motivation and productivity when returning to work. The Spirituality and Health Journal noted that time off from mental tasks was critical to creativity. A study was done by the Institute for Medical Care and Institute for Social Research of the University of Michigan, which shows taking a break during the workday enhances the mood of employees. The research team at Michigan took 20 respondents each from occupations such as individuals who work in offices and those who are pilots and who worked within the state. The observation was completed in two ways: with breaks and without breaks. The study noted that at the end of the day when people had taken breaks, they felt more productive, had better ideas and were less fatigued. The increased productivity and employee well-being that results from allowing employees to take a break at work makes taking a lunch break one of the best things an employer can do to make employees feel valued.
Common Questions About Lunch Breaks in Idaho
Do you have to get paid for lunch? It depends. The first mistake that employees make is that they immediately assume that they are entitled to pay when they take a break for lunch. However, the mistake that employers make is assuming that lunch breaks are never paid. The law is that lunch may be paid or unpaid, but either way you are entitled to a 30-minute meal break (generally unpaid) when you work a shift of 8 hours or more. You get paid your regular rate of pay for all the time you work. Getting paid for lunch is based on set company policies, procedures, and practices. Your employer cannot require you to work during lunch. If you do work during lunch, make sure you report all hours worked to your employer for proper payment. If you consistently work through lunch breaks, then you should ask your employer to change their policies and pay you for your time.
How long can you work without a lunch break? There is no law that states how many hours an employee must work before a lunch break is required. However, if you work 8 or more hours in a shift, you are entitled to a 30-minute meal break. An employer cannot schedule work that interferes with your opportunity to take a meal break, as long as the opportunity to receive a 30-minute meal break is provided. Remember, meal breaks do not count towards total hours worked, meaning that you are not paid for the break . Additionally, mandatory rest periods may not be used for lunch. In other words, if you take a mandated 10-minute break, then you still must receive a 30-minute lunch break later in the shift.
If my manager says that there is no point to a 30-minute break because the restaurant is too busy, should I listen? No, ultimately, your employer sets the policy. One thing that you should know is that Idaho law allows meal breaks (which can be paid or unpaid) as long as the employer allows you a 30-minute meal break. You are entitled to be free from work duties to eat a meal, unless you are paid for all the time spent. However, if you are paid for your time, the employer can designate when lunch breaks are taken. The law makes a difference between a "meal" break and a "rest" break. If your employer provides a rest break, it cannot be used to satisfy your right to a 30-minute unpaid meal break. However, if you work through a billable 30-minute lunch, you must be paid accordingly. Bottom line, you are entitled to at least one 30-minute unpaid break if you work more than 8 hours in a work day. However, you cannot shorten your meal break if you already miss it by working through lunch. You need to notify your employer that you are not getting your entitled 30-minute meal break, and get paid for your work time.