Credit: Tollers Solicitors

The Stifling Lack of Pro-Employee Labor Law

The majority of the United States do not require rest breaks for employees

C.D. Benton
4 min readApr 13, 2019

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When one accepts a job offer, is the employee handbook received prior to the start date really read? Are the sections combed through thoroughly or is the excitement of a new job taking over and only warrants a skim? The employee handbook outlays the guidelines, laws and expectations of the company as well as for its employees as we all know from being employed; however, rest breaks seem to get looked over. It is just assumed in most workplaces that since there are very few companies that don’t allow lunch breaks that rest breaks would be a part of being employed there. A very false statement in the abyss of fallacy.

Only 9 states require rest breaks, which equate to less than 20 minute paid rest breaks for every 4 hours worked varying by state. The remaining states do not require the same and have the right to choose to offer anything other than one unpaid lunch break per day. It seemingly has been a rise in companies that do not or no longer offer rest breaks and it could be one of many links to a company’s turnover rate. This isn’t about employees wanting to abuse the system, however employees are not robotic machines that only want one 30–60 minute lunch break per day; rest breaks allow an employee to clear their mind and take a break from being at their workstation for hours at a time. You don’t have to be a smoker to want rights to rest breaks. That time is utilized by activities that are permissible during break time such as walking outside or inside, taking a phone call, one being able to check their phone, in which could be seen as “abusing company time” if not conducted during an allotted rest break.

The Stifling Reality

Being confined at a desk with a computer for 7 to 7 1/2 hours excluding a lunch break and the occasional yet short bathroom and coffee machine run can be restricting. Even if there is a lot of work to be completed for the day, employees are most productive when they have a reasonable break time away from their desk. Sitting at a desk doing monotonous tasks, answering phones or more stressful tasks for hours at a time can become robotic and redundant, so allowing employees to take two 10 minute rest breaks doesn’t appear that it would do much harm at all. In fact, when a company grants the freedom of rest breaks, employees feel less stress throughout the day and can be more prone to enjoying their job more due to knowing that they can step away from their desk without being reprimanded.

Credit: health.thewest.com.au

The first few weeks of starting a new job is a honeymoon phase…you’re falling in love with the company amenities in the building, the people seem so nice, management is treating you to lunch, however you quickly realize the politics involved in the company after the honeymoon phase. Training is also keeping you busy, so maybe there isn’t much time to even think about being able to have a rest break as you’re just trying to learn the ins and outs of your job position. As we all know, the honeymoon phases in anything: a job, relationship or marriage, it all fades quickly. Once acclimated to your work duties as well as the company atmosphere, an employee is held at a higher standard than a new hire. The company expects the rules to be known and followed as well as expecting work to be completed, however there are always times when you need to answer a phone call to schedule an appointment or your child calls your cell phone and there definitely will be times where you are stressed and want to step away from your desk for a few minutes. Some companies can be more lenient than others but most companies that do not offer rest breaks expect all employees to be at their desks other than lunch time. Also, do not become foolish and think that no one is watching you if you want to “sneak out” for a quick break.

So many stresses and feelings toward the company or job can be eliminated with a simple offering of rest breaks. Benefits, pay and location could be perfect for most employees but those important staples of a company doesn’t keep the employee safe when they step away from their desk. Dear companies, it’s okay to offer somewhat of an incentive of rest breaks and have regard for your employees despite non-requirements of the state. Even though the majority of American states are not required to grant their employees rest breaks, there is still the option to offer them.

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C.D. Benton

Freelance writer. Medium Member since April 2019.