Summary of Rhode Island Laws on Lunch Breaks
The Rhode Island Lunch Break Laws cover the basic requirements for when and how employers in Rhode Island must provide lunch breaks to employees. While the Act exempts employers with fewer than eleven employees and certain types of businesses, most employers are subject to the law as long as they have at least eleven workers. Like the Rest Break Laws, this statute, Rhode Island General Laws § 28-11-3, is also enforced by the RI Department of Labor, who may issue a $100 fine per violation .
Exceptions to the law are that it does not apply to the following industries or professions:
- (1) Retail establishments with less than six thousand (6,000) square feet (or eight thousand (8,000) square feet for chain stores);
- (2) Eating places;
- (3) Hospitals or health care facilities;
- (4) Hotels;
- (5) Laundries or dry cleaners;
- (6) Motion picture theaters or other places of entertainment;
- (7) Motels;
- (8) Nursing and rest homes;
- (9) Salespersons employed by or selling services for one (1) employer;
- (10) Salespersons employed by two (2) or more employers and who are required to spend fifty percent (50%) or more of their time on the road for the purpose of conducting their employer’s respective business affairs; and
- (11) Warehousing and storage facilities.
Also exempt are employees whose shifts are three and one-half (3½) hours or less and those employees who have individual written contracts approved by the Department of the Labor and Training which provide for meal breaks.
Who is Subject to the RI Lunch Break Laws?
The short answer is that if you are covered by the Rhode Island Wage and Hour Laws, you are covered by the lunch break laws. The RI Wage and Hour Laws are "limited to those persons over whom the director has the power to enforce labor standards under Chapter 25 of this title." In general, this means adults who have been hired to work. It would not cover contract labor, temps and non-compete employees. The burden will be on the employee to show they are covered.
Employers’ Requirements Under the RI Law
Employers in Rhode Island are obligated, under the law, to provide employees with a 20-minute paid meal break if the work period is more than five hours, and a second 20-minute paid meal break if the work period is more than 6 hours. Under the wage order published in 2010, all employees are entitled to a 30-minute unpaid meal break if the work period is more than 6 hours. Therefore, an employee entitled to two 20-minute paid, duty-free meal breaks is also entitled to an unpaid 30-minute meal break. The RI Department of Labor and Training (RI DLT) interprets the law to mean that both meal breaks must be taken in order for employees to maintain FLSA-exempt status. However, if an employee performs any work duties during a meal break, then the duties performed by the employee during the 20-minute interval are considered hours worked for purposes of the Rhode Island minimum wage law.
The RI DLT will impose fines against employers who violate the meal break statute. Employers may also be subject to a wage claim filed with the RI DLT.
Effects on the Employees in the State of Rhode Island
For employees in Rhode Island, the lunch break law can have a significant impact on their overall work-life balance and general well-being. These requirements provide crucial protections and benefits for workers, but they also introduce potential drawbacks and challenges in relation to the law. On the positive side, the hour-long meal period required by state law can provide employees with the time needed to re-charge and regain energy for the remainder of the work day. In addition, employees are not required to work throughout the full 8-hour workday, which means that they may have time to tend to personal obligations and responsibilities at home after work. This can help to create a more balanced home and work life for employees that might not otherwise be possible. Meal breaks can also present an opportunity for an employee to catch up on work-related materials and to further develop skills and knowledge relevant to their area of work. The law does not require employees leave the premises during a meal break, which means that employees who are required to stay on the job during a lunch break may often enjoy some level of comfort or rest, even if they must maintain focus on work assignments. Taking all of this into consideration, the law provides needed respite for employees who might otherwise be compelled to work straight through the full work day. Still, there are challenges posed by the law for Rhode Island employees. For example, if employees are not permitted to leave the premises, taking the assigned 60-minute meal period can become unappealing or undesired. This is particularly true in the case of long-time employees who have grown accustomed to full-time scheduling, 40-hour work weeks, and potentially intense work schedules. Unwillingness to take the full hour mandated by state law could lead to disciplinary issues or other challenges for an employee. There are other potential consequences for employees who must be away from their workstations for a full hour during the employment day. For example, employees may end up working late to make up time lost on a lunch break or may fail to complete work assignments by the end of the work day.
Contrasts with other states
Rhode Island’s lunch break requirements are more generous than most states when it comes to the duration of the break, but are similar with regard to other aspects.
Like Rhode Island, Massachusetts and Connecticut require employers to provide a one half hour meal break for shifts over 7.5 and 7 hours respectively. However, in Massachusetts and Connecticut the one half hour meal break need not be paid if the employee is relieved of all work responsibilities during the break. In contrast, the one hour meal break in Rhode Island requires employees to be relieved of all duties to have the break be unpaid.
In New York, employers must provide hourly workers a meal break of at least 30 minutes within the first 5 hours of work and a second meal break of at least 45 minutes after 10 hours of work. The New York Department of Labor has issued guidance that prohibits an employer from requiring the employee not to engage in any personal work while eating lunch, and that if a plaintiff can establish that they were restricted from engaging in personal work (and worked, therefore, by completing assignments or things associated with the employer’s goods or services), then the meal should be determined as "hours worked" even if the employee had the time, tools, and opportunity to complete personal tasks such as texting, on the phone, reading , etc.
California has a fixed meal break requirement of 30 minutes per shift for shifts of 5 hours or more days over 8 hours. A second meal break of 30 minutes is required for shifts of more than 10 hours. California employers are required to provide an uninterrupted meal period and have additional requirements for the frequency and length of rest breaks for non-exempt employees. On the other hand, employees show up to work in California earlier than in most states (including RI) under the principle known as "show-up pay." Under this California law, an employer has to pay an employee who shows up for work, but is not needed for the entire scheduled shift, one half of the scheduled shift or four hours, whichever is less, at the employee’s regular rate of pay.
Like California, Oregon imposes additional meal requirements not currently found in Rhode Island. For example, the Oregon Bureau of Labor and Industries mandates distinct meal break policies for minors and minors on work breaks. There is a required 30 minute unpaid meal that must begin no later than two hours after the start of work, 15 minute paid rest periods every 4 hours.
While this discussion of meal allowances in different states is helpful in understanding the policies beyond Rhode Island, we recognize that it is administrative law and its implementation in court rulings that is often the key driver in determining an employer’s obligations.
Latest Developments in Case Law and Changes
While Rhode Island has not experienced many significant changes since my last post on this topic, a recent U.S. District Court decision may offer insight on how the employers can be mindful of lunch break laws and help avoid litigation. In Morant v. Country Visions Unlimited, Inc., the U.S District Court for the District of Rhode Island dismissed an employee’s lawsuit regarding the company’s alleged failure to provide her with lunch breaks. The court ruled that the employee’s complaint was not sufficient to overcome the rebuttable presumption that she was given rest periods as required under Rhode Island law. The court stated that the employee’s complaint was "scant," but still ruled against her on other grounds. Essentially, the decision reaffirms that the employer bears the initial burden of proving that it complied with state law requirements for breaks and when there are facts or an explanation that creates at least a "doubt" about a violation, dismissal of the case should be granted.
This decision provides helpful insight for employers in the state, particularly in jurisdictions that have varying laws about the provision of meal and rest periods.
Advice for both Employers and Employees
To help with compliance in the workplace, employers should consider implementing a timekeeping software that automatically tracks meal break times for employees, so long as the software’s timer only automatically stops running when employees log off for the entire length of the break. Employers should also work to educate employees on their rights regarding meal and rest breaks, and how to effectuate these rights through the proper reporting of unpaid and/or missed meal break time.
If you are an employee who believes that your employer is violating the RI Meal/Rest Break Laws by either failing to provide a 30-minute meal break and/or a 10-minute rest break , or failing to pay you time and a half for any meal break or rest break violations, then you have the right to file a complaint against your employer. Although you can file a complaint against your employer with the Rhode Island Department of Labor and Training, the more effective route for securing a remedy is to bring a lawsuit against your employer in either RI District Court, Superior Court, or through the Rhode Island Department of Labor and Training (this option is not recommended for employees who are not represented by a lawyer) within 3 years of the date of the break law violation. If you proceed with a lawsuit, you will be entitled to recover 2x the salary amount of any unpaid wages owed to you, plus attorneys’ fees.