Rest Breaks

• The U.S. Department of Labor states that there are no federal laws under the FLSA or otherwise that state that restaurants must provide rest breaks to workers. Some U.S. states do have laws regarding such breaks, and a restaurant may have policies and procedures regarding employee breaks. Because a restaurant does not have to worry about compensation during break times with salaried employees, the company and the salaried worker may have an agreement regarding breaks that may be outlined in a work contract if the state does not have laws regarding this matter.
  
  

Employee Meals and Breaks

• It is common for restaurants to offer employees free or discounted meals, as this can increase worker knowledge of the foods sold and increase worker satisfaction. The FLSA does not mandate restaurants to provide meal breaks to employees, but some states have established laws that give employees this right. A restaurant may also have its own policies regarding employee meals that may correspond with the length of a shift. Salaried restaurant employees may have a contract that outlines information regarding employee meal break times, the frequency of meal breaks and the foods the employee can eat.
  
  

Shifts of Less than 24 Hours

• Salaried restaurant employees may have irregular work hours, especially if they work in establishments that are open at all hours. If a restaurant allows a salaried employee to engage in personal activities during her shift when she is not busy, she is still considered on duty. For example, when a salaried restaurant employee is allowed to make personal phone calls during a shift and does so during a slow period, the time she spends on the telephone counts as time worked, not a break.
  
  

Shifts of 24 Hours or More

• Generally, employees required to work long hours must have at least eight hours free between shifts to allow for sleep. A salaried restaurant employee who works shifts of over 24 hours must agree with her employer to waive her right to a meal break and the amount of time necessary between shifts. However, the restaurant must provide the employee with a furnished facility that allows the individual to sleep for at least five hours.