Pennsylvania Labor Laws for Breaks

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    • Adult workers in Pennsylvania are not entitled to break periods.work image by Alison Bowden from Fotolia.com

      In Pennsylvania, only seasonal farm workers and minors age 17 and under are mandated to receive breaks. Adult employees are not entitled to a lunch, coffee, cigarette or rest break. Although federal law does not require paid break periods, it does require employers that offer such breaks to count the time toward the total hours worked in calculation of overtime. Pennsylvania considers overtime any hours worked over 40 hours in one week.

    Minors

    • Pennsylvania has specific laws on the employment of minors. Children under the age of 14 can only be employed in domestic positions in a home or on a farm except for specific positions. Children working on a farm must be employed directly by the farmer. Exceptions include golf caddies at age 12, newspaper carriers at age 11, and performers at age 7. Children under age 7 must have a permit to work. Minors between ages 14 and 17 must receive a half hour break period after working five consecutive hours. There are two forms that employers of minors must place in a noticeable place. The first form, LLC-5, is an abstract of child labor laws. The second form, LLC-17, is a schedule of work hours.

    Adults

    • Employers are not required to give employees over age 18 a break period. Employers may elect to give breaks. If a break is given that is 20 minutes long or less, the employee must be paid for their time. If the break is longer than 20 minutes, the employee does not have to be compensated. Collective bargaining agreements (generally unions) can also govern the issue separately.

    Seasonal Workers

    • Similar to child labor laws, Pennsylvania law states that no seasonal farm worker will be permitted to work for more than five continuous hours without a meal or rest period that is 30 minutes long. The meal or rest period does not need to be paid or counted toward the total weekly hours worked. Breaks less than 30 minutes in length may not be used to substitute the half hour meal or rest period.

    The Fair Labor Standards Act

    • The Pennsylvania Department of Labor states that the governing body (state or federal) that is more restrictive in regards to labor laws will be upheld. Like Pennsylvania law, The Fair Labor Standards Act does not mandate breaks for employees. The Code of Federal Regulations states that short breaks are beneficial to employees. Like Pennsylvania law, the Fair Labor Standards Act states that short breaks---less than 20 minutes---should be compensated.

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