Maryland Rest Periods laws & HR compliance analysis

Maryland Rest Periods: What you need to know

Federal wage and hour law does not mandate that employees be given either paid or unpaid rest or meal periods. Whether breaks are required is left up to the states. Maryland has rest period laws that apply to employees under the age of 18 and retail employees.
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U.S. Department of Labor Wage and Hour Division regulations do specify when work breaks, including meal periods, rest periods, and sleeping time, if provided, must be counted as work time subject to federal minimum wage and overtime requirements (29 CFR 785.18 through 785.23). There are details on these requirements.
Retail establishments that employ at least 50 people in Maryland must provide nonworking shift breaks as follows:
• Any employee working 4 to 6 consecutive hours must receive a 15-minute break. (If an employee's work hours do not exceed 6 consecutive hours, this requirement may be waived by a written agreement between the employer and employee.)
• Any employee working more than 6 consecutive hours must receive a 30-minute break. (An employee is not entitled to the 15-minute shift break described above if the employee is entitled to the 30-minute shift break.)
• Any employee working 8 or more consecutive hours must receive an additional 15-minute break for every 4 consecutive hours worked.
A shift break may be considered a working shift break if:
• The type of work prevents an employee from being relieved of work during the break or the employee is allowed to eat a meal while working and the working shift break is counted toward the employee's work hoursand
• The employer and employee agree in writing to the working shift break.
These laws do not apply to an employee who works for at least 4 ...

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