Do I Have a Legal Right to Take a Break at Work?

 Posted on April 10, 2025 in Employment Law

Whether you work on your feet or at a computer, you are expected to need a break at work from time to time or for lunch, especially if you work a full eight-hour day. Indeed, it is often customary for employees to take a lunch break at work, and for employers to provide one. However, custom is not law, and in Maryland, employers are generally not legally required to provide lunch or other breaks to employees. Federal law follows a similar framework. However, employers in Maryland do have to provide pay for breaks in certain circumstances. If you are uncertain about your rights to take a break or receive compensation for a break you took, contact an experienced Potomac, MD employment lawyer.

What Is the Federal Law On Employee Breaks?

Federal law under the Fair Labor Standards Act (FLSA) does not require employers to give employees a break for lunch or otherwise. However, if an employer offers employees short breaks of under 20 minutes, those are considered work hours that must be paid by the employer.

If the employee takes breaks beyond this short time period, such as a lunch break, the employer does not have to pay the employee for that time. A lunch break at the employee’s desk does not count as a break, however. If the employee works while eating lunch they must be compensated for that time. 

What Does Maryland Law Say About Employee Breaks?

Like the federal government, Maryland does not require employers to offer breaks. If an employer expects employees to take an unpaid half-hour lunch break, but employees are not able to take this break without an additional expectation that they work during that break, the employer must pay the employee for that half hour. 

However, retail employees who work for companies employing more than 15 people must receive a 30-minute break for every eight hours of work. Employers must also provide minors under the age of 18 with a break for every 5 consecutive hours of work. 

Call a Potomac, MD Employment Attorney 

At Freedman Law, LLC, we advise and represent employees on all aspects of employment law. Whether you are unsure about possible legal entitlement to take a break at work or you are facing another employment law issue, the experienced Montgomery County, MD employment law attorney Lindsay Freedman is here to provide counsel. Call us at 410-290-6232 for a private consultation. We look forward to speaking with you.