With few exceptions, non-exempt or “hourly” employees are entitled a 30 minute unpaid meal period after no more than five (5) hours of work. Failure to receive the required meal period in a timely fashion entitles the employee to an extra hour of pay. This is true even if the employee actually takes a meal period if the employee worked in excess of five (5) hours before taking his or her meal break.

Non-exempt employees are also entitled to certain specified paid rest breaks. Failure to receive the required breaks entitles the employee to an extra hour of pay per day.