While Indiana labor laws don’t require most employers to provide rest or meal breaks, employers can still offer breaks at their discretion.
However, if an employer covered by federal law provides breaks, there are certain rules that apply under the FLSA. Understanding them is crucial for compliance.
This article covers federal and Indiana break laws for rest and meal breaks, protections for nursing employees, rules for minors, and the penalties employers may face for non-compliance.
This Article Covers
- Rest Breaks in Indiana
- Meal Breaks in Indiana
- Breastfeeding Breaks in Indiana
- Breaks for Minor Employees in Indiana
- Penalties for Violating Break Laws in Indiana
Rest Breaks in Indiana
In Indiana, employers are not required to provide rest breaks.
However, if an employer covered by the federal Fair Labor Standards Act (FLSA) decides to offer rest breaks, breaks lasting five to 20 minutes must be compensated.
These rest breaks count as hours worked in weekly hours and overtime pay calculations in Indiana. Also, they can’t be offset against other working hours, such as on-call or waiting time.
Meal Breaks in Indiana
There are no state laws in Indiana that mandate meal breaks. Employers can offer meal breaks as part of their policy.
However, if an employer covered by the FLSA provides meal breaks, some guidelines apply. A bona fide meal period that lasts 30 minutes or more can be unpaid. A shorter break may qualify in special cases.
Employees must be completely relieved from work during the break. If an employee is required to keep working in any way, such as eating at their desk or staying at a machine, the break time must be paid.
Breastfeeding Breaks in Indiana
State employees are entitled to reasonable paid break time to express milk under Indiana break laws. This break time must run concurrently with existing employee breaks.
The state can be exempted from this break law in Indiana if providing break time would disrupt operations.
The state must also make reasonable efforts to provide nursing employees:
- A room, other than a toilet stall, near the workplace to express milk in privacy.
- A refrigerator or other cold storage space for storing expressed milk.
While there is no state-level law that mandates private employers to provide breastfeeding breaks, employers with 25 or more employees are required to provide nursing employees a private space, other than a toilet stall, to express milk away from their assigned work duties, under Indiana labor laws.
Employers should also provide a refrigerator or cold storage for expressed milk. If that’s not possible, employees must be allowed to use their own portable cold storage device.
Breastfeeding Breaks in Indiana Under the FLSA
Indiana employers covered by the federal FLSA and PUMP Act must provide nursing employees reasonable break time to express milk for up to one year after the child’s birth, whenever required. Employers must also provide a private space, not a bathroom, shielded from view for expressing milk.
Under the FLSA protections for nursing mothers, employees must be completely relieved from duty during pumping breaks, or they must be paid for the break time spent working.
Employees can also use other employer-provided paid breaks for pumping at work. If they do so, the employee must be compensated for that break as per the norm.
Some airline, railroad, and motorcoach carrier employees are exempt from the FLSA’s nursing break law.
Employers with fewer than 50 employees may also be exempt if providing break time and private space would cause an undue hardship to their business operations.
Breaks for Minor Employees in Indiana
Employers are not required to provide any rest or meal breaks to minor employees, as per Indiana break laws.
But there are a few work hour restrictions for 14- and 15-year-old minor employees under Indiana’s Youth Employment Laws. These minor employees can only work until 7:00 p.m., except from June 1 to Labor Day, during which they can work until 9:00 p.m.
Penalties for Violating Break Laws in Indiana
Employees who received rest breaks as per the FLSA cannot extend their break time beyond the period allowed by the employer. Any extra, unauthorized break time does not count as hours worked and can result in disciplinary action under FLSA’s break guidelines.
Penalties for Violating Breastfeeding Break Rights Under the FLSA
Employers covered by the FLSA cannot fire, demote, or retaliate against an employee for taking breastfeeding breaks or filing a related complaint.
If an employer violates these rights, the employee can file a complaint with the U.S. Department of Labor’s Wage and Hour Division or pursue a private lawsuit.
Employers who violate an employee’s right to reasonable pumping breaks and private space may be required to provide remedies such as:
- Reinstatement, promotion, or continued employment.
- Payment of lost wages plus an equal amount in liquidated damages.
- Compensatory damages, make-whole relief, and, in some cases, punitive damages.
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.