Understanding Pennsylvania labor laws is essential for both employers and employees to prevent compliance mistakes and workplace disputes. While the state does not mandate breaks for adult employees, certain guidelines apply when breaks are offered. Pennsylvania law also offers special protections to nursing and minor employees.
This article explains Pennsylvania break laws covering rest breaks, meal breaks, breastfeeding breaks, rules for minor employees, and penalties for violations.
Key Takeaways From Pennsylvania Break Laws
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This Article Covers
- Rest Breaks in Pennsylvania
- Meal Breaks in Pennsylvania
- Breastfeeding Breaks in Pennsylvania
- Breaks for Minor Employees in Pennsylvania
- Penalties for Violating Break Laws in Pennsylvania
Rest Breaks in Pennsylvania
Employers in Pennsylvania are not required by law to offer breaks for employees aged 18 and above.
However, employers can choose to offer breaks at their own discretion. If rest breaks shorter than 20 minutes are offered, employees must be paid for the break.
Rest breaks can be negotiated under collective bargaining agreements as well.
Learn about salaried employee laws in Pennsylvania.
Meal Breaks in Pennsylvania
Employers are not required to provide meal breaks under Pennsylvania break laws. However, if an employer offers a meal break, the break can be unpaid if it is longer than 20 minutes and employees are free of all work duties during the break.
The rules for any offered meal break in Pennsylvania can also be governed by a collective bargaining agreement.
Breastfeeding Breaks in Pennsylvania
In Pennsylvania, employers covered by federal law are required to provide reasonable break time for employees to express breast milk for up to one year after a child’s birth under the PUMP Act. Employees can take this break each time they need to express milk.
Employers must also provide a private, non-bathroom space that is shielded from view and free from intrusion for this purpose.
If adequate facilities for expressing milk at work are unavailable, employees can notify the Pennsylvania Bureau of Workforce Support (BWS). The employer will get ten days to comply with state requirements after an employee connects with BWS.
State agencies in Pennsylvania are required to provide reasonable break time and a private space for employees to express milk for up to two years after childbirth.
The space must provide adequate lighting, ventilation, sitting space, a sink, and an electrical outlet. If meeting all these specifications is not possible, state agencies must at least provide a private space that is free of intrusion, such as a vacant room.
Breaks for Minor Employees in Pennsylvania
Minor employees aged 14 to 17 who work five or more consecutive hours must receive at least a 30-minute break under Pennsylvania child labor laws.
Penalties for Violating Break Laws in Pennsylvania
If an employer denies the required 30-minute break for minors working five consecutive hours, employees can file a complaint with the Pennsylvania Department of Labor and Industry’s Bureau of Labor Law Compliance or pursue civil lawsuits against the employer.
Important Cautionary Note
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