Understanding Georgia labor laws related to breaks at work is essential for both employers and employees to maintain a fair and compliant workplace. While Georgia break laws don’t mandate rest or meal breaks for most workers, certain guidelines must still be followed under specific federal and state provisions.
This guide breaks down everything you need to know about rest breaks, meal breaks, breastfeeding breaks, break for minors, as well as penalties for violations of break laws in Georgia.
This Article Covers
- Rest Breaks in Georgia
- Meal Breaks in Georgia
- Breastfeeding Breaks in Georgia
- Breaks for Minor Employees in Georgia
- Penalties for Violating Break Laws in Georgia
Rest Breaks in Georgia
Employers in Georgia are not required to provide rest breaks to employees. However, if employers covered by the Fair Labor Standards Act (FLSA) provide employees with rest breaks lasting five to 20 minutes, these must be paid breaks.
As federal law considers short rest breaks to be compensable, the breaks are also counted as hours worked during overtime pay calculations in Georgia. These hours can’t be offset against other work hours, such as on-call or waiting times.
Meal Breaks in Georgia
Employers are not required to provide meal breaks in Georgia. However, if an employer covered by the FLSA decides to, meal breaks lasting 30 minutes or longer are unpaid, as long as the employee can use their break as they want, completely relieved from job duties.
However, employees don’t have to be allowed to leave the workplace during a meal period, as long as they are fully relieved from their duties.
Shorter breaks may also count in special cases as per bona fide meal period guidelines under the federal FLSA.
If an employee is required to do any work during meal breaks, even if only being on duty or staying at their workstation while eating, that time counts as work time and is compensable.
Breastfeeding Breaks in Georgia
In Georgia, employers with one or more employees must provide nursing employees reasonable break time each day to express breast milk for a child up to 24 months old. They must also provide a private space near the employee’s work area that is not within a restroom, for this purpose.
This time should overlap with other breaks whenever possible. However, employers cannot deduct wages for any breaks taken to express milk.
Breaks for Minor Employees in Georgia
Georgia doesn’t have a special rule requiring rest or meal breaks for most minors. Minors aged 16 and older can even volunteer to work 24 hours if needed by their employer. However, for minors employed in the entertainment industry (such as TV, film, or theater), special rules apply:
- Minors aged 15 days and older cannot start work before 5:00 a.m.
- They must be provided their first meal within six hours of starting work, and later meal periods within seven hours of the previous one.
- If a minor aged 4 -18 works during school hours, there must be given a 12-hour break between the time they finish work and the time they are called back the next day, or before their next regular school day starts.
- If the next school day begins within 12 hours of finishing work, the production company must offer educational instructions to the minor, and if requested by the minor, the educational instructions must be given the following day too.
Penalties for Violating Break Laws in Georgia
Employers cannot retaliate or discriminate against an employee for taking, requesting, or reporting issues related to breastfeeding breaks in Georgia. If an employer violates this law, the employee has the right to take legal action and seek all available damages. This can include compensation, attorney’s fees, filing fees, and other legal costs related to the case.
If an employer violates laws related to the employment of minors as actors or performers, the Georgia Department of Labor (GDOL) may issue citations and assess penalties.
If an employee extends a rest break beyond the time limit authorized by their employer, it is considered a violation of break guidelines under the FLSA and is punishable.
Important Cautionary Note
This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.
