A Brief Overview of Lunch Break Laws in Iowa
Iowa does not have any specific statutes, regulations, or administrative guidance regarding lunch breaks (sometimes called meal periods) in non-FLSA covered employers. The Iowa Department of Labor Administrative Rules state, however, that employees who work 8 hours or more are entitled to time for "lunch and refreshment." Iowa Admin Code r. 875-34.1(3).
Neither the statute nor the rule defines what is "reasonable" but the Iowa Labor Commissioner has opined that 30 minutes is a "reasonable length of time" for an employee’s lunch break. See Iowa Attorney General’s informal Opinion (February 20, 1998). This is especially true when taking into consideration that most Iowa employers treat 30 to 60 minutes as an industry standard . Other states also point to a minimum of 30 minutes for lunch breaks.
Absent an employment contract, collective bargaining agreement, or policy that specifies the duration of an employee’s lunch break, employers in Iowa have great flexibility in setting times for employee lunches. Because there is such a dearth of statutory, regulatory, or administrative guidance in Iowa regarding lunch breaks for non-FLSA covered employers (i.e., private employers not subject to federal wage and hour law), employers do not have to provide any lunch break to their employees, whether or not a particular employee works eight or more hours in one day.
Break Entitlements for Iowa Employees
Understanding Iowa lunch break laws in general is important, but it is equally important for employees to understand their own rights about lunch breaks. Under Iowa’s lunch break laws, what is entailed in an "entitled break" and do these entitlements change on a case-by-case basis?
Entitled Breaks
If an employee works a shift that is more than six hours, then they are entitled to a 30-minute unpaid meal period. This does not mean that employers cannot offer paid meals, but it means that they should not take more than 30 minutes away for lunch at a time. For workers under 18 years old when they start working, the breaks have to be at least 30 minutes under Iowa break laws.
In addition, employees are entitled to a 15-minute rest period for every four hours they work. These breaks are paid by the employer and should give the employee relief from the work they are doing. However, employees cannot take longer breaks simply because their workload is heavy. For example, if an assembly line worker has to work faster and harder than usual, this would not permit them to take a 20-minute paid break instead of 15 minutes. It simply means they still have to follow Iowa laws on breaks, which requires a 15-minute break for every four hours worked.
Exceptions
There are a few exceptions to the break requirements under Iowa lunch break laws:
State Requirements
If the parties have an employment contract, the breaks and meal periods specified in that contract must be followed. Even if the contract does not mention the breaks, it has to follow Iowa break laws. This means that the employer must still allow a 30-minute unpaid meal period and 15-minute paid break, as long as the employee is working a shift longer than six hours.
Duties of Employers Under Iowa Lunch and Break Laws
Employer obligations under Iowa law related to breaks (and what happens if they fail to comply)
As noted above, Federal law requires employers to give employees at least a 30-minute meal break if the employee will be working for at least eight consecutive hours. Iowa law imposes the same requirement (in addition to the federal requirement), but only in situations other than those when an employee is working no more than eight hours per day (see I.C.A. sec. 216.6A). Iowa law does not require an employer to provide employees a break if such employees will be employed less than eight consecutive hours. Iowa law also provides employers some flexibility in administering the required 30-minute meal period. I.C.A. sec. 216.6A(2). However, if the employer provides the employee a meal period of at least 30 minutes that is uninterrupted, that is all the law requires—there is no requirement that employers pay employees for the 30-minute meal period. I.C.A. sec. 216.6A(3).
An employer may provide something less than a 30-minute uninterrupted meal period. However, federal law is more forgiving than Iowa law in this regard. I.C.A. sec. 216.6A(2). Gathering around a table for such a "break," however, may violate I.C.A. sec. 216.6A(2). In any case, employers cannot work employees during the periods for which they are eligible for meal periods provided. If employers do so, they face the potential for liability under the state law referenced above.
What if an employer fails to comply with the Iowa laws (title of 216.6A) regarding meal periods? Well, unless the employer did so "intentionally" or "in bad faith," the Iowa Department of Labor may impose a written warning or require it to attend an Iowa DOL education session. I.C.A. sec. 216.6A(4).
Comparison with Federal Lunch Break Laws
Unlike Iowa, the federal Fair Labor Standards Act (FLSA) does not require employers to provide lunch breaks to non-exempt or overtime-eligible workers. However, if breaks are provided for shorter than 30 minutes, then the time is considered paid work, whereas any break provided for at least 30 minutes or longer is considered unpaid.
Iowa law, however permits only unpaid meal periods to be counted towards the hour of time the employer is required to give workers in a workday. And as long as the break is at least 30 minutes and employees must be completely relieved of their duties to fully enjoy the break, then there is some wiggle room as to whether the lunch break can count towards the work hour of time. The rest period or paid break time is non-compensable as long as the time is longer than 20 minutes (and of course, it is not just a relief in the sense that the employee is required to be completely free to do what he wants with his time – the employee must not perform any work of benefit to the employer or the employer’s customers). Therefore, the common approach to stay out of trouble is to require the 30-minute unpaid lunch break and the 10-15 minute paid break time in the morning and afternoon to meet the local and federal laws.
Workplace Myths About Lunch Break Laws in Iowa
There are a number of myths about Iowa lunch break laws that employees should be aware of:
Myth: Employees are entitled to a lunch period.
Truth: There is no law that requires an employer to offer an employee a lunch period, whether paid or unpaid. Employers may offer a paid or unpaid lunch break at their discretion.
Myth: Employees must be allowed to leave the workplace or go out to lunch during a break.
Truth: Employers can require employees to take breaks on site and even in the employees’ workspace.
Myth: If employees are allowed to leave for a break, they cannot be required to do any work during that break.
Truth: The law allows employers to require employees to perform minimal work during breaks, such as checking e-mail or texting in addition to getting a bite to eat .
Myth: Employees who work during breaks are entitled to extra pay.
Truth: There are no federal or state laws governing this issue). The Fair Labor Standards Act requires that employees who are not relieved of all duties during a meal period, and who have no flexibility to leave, must be paid for the time spent performing those duties. Likewise, in Iowa, an employee who is not relieved of duty and has no freedom to leave must be paid for the time spent working. If the employee is allowed to leave on a regular basis, or is allowed flexibility in how work time is used, even if the employee chooses to perform work tasks during that time, they do not need to be paid for that time.
Frequently Asked Questions About Lunch Breaks in Iowa
Frequently Asked Questions About Lunch Breaks in Iowa
Q1. Does Iowa law require lunch breaks?
No, Iowa law does not mandate lunch breaks. However, employers are required to pay employees for all hours worked.
Q2. Are breaks or meal periods considered hours worked under Iowa law?
Lunch breaks and shorter breaks (15 minutes or less) are generally considered "hours worked" and should be paid. Although the law does not require lunch breaks, an employer must follow individual company policies on lunches.
Q3. Is there a specific length of time that employees must be allowed for lunch, per Iowa law?
The law does not specify any particular length but statutory language regarding "sufficient time" implies that any substantial interruption of duties likely would mean full compensation for that time.
Q4. What about after-work meals or other meals?
Workers must be "completely relieved from duty" to not be compensated for hours spent in meals. This provision is generally interpreted to mean that a worker can stop working and be free to leave the premises or perform other personal business. A meal period during which the employee is required to remain on the employer’s premises is not considered a genuine meal period and must be paid.
Q5. So how long of a period is needed to qualify?
While there is no definitive requirement, if an employee is relieved from duty and entirely free from employer control for at least 30 to 45 minutes, that would qualify for a bona fide meal period. Sometimes, to be completely doctrinaire on this point, employers may require employees to leave the premises and return.
Q6. Are there premium overtime pay requirements for employees working through recesses or meal breaks?
If employees work through scheduled or customary recesses, this additional time would be compensable at the regular hourly rate. Similarly, if employees are working during meal periods, this time would also be compensable.
Q7. If an employee is entitled to compensation for lunch breaks, how is this time calculated?
Ordinarily, the lunch break period can be calculated at the regular hourly rate. While there is case law on the subject implying that the cost of meals could be deducted from regular wages, that type of deduction is not allowed for statutory breaks such as rest periods. An employer also cannot require the employee to work longer to make up the time; the time worked over and above the normal schedule must be counted as compensable.
Q8. Does the federal Fair Labor Standards Act impose meal or lunch break requirements?
No. Determining break periods, meal periods, and their payment are generally matters reserved to state law.
What to Do if Your Rights Have Been Violated
If your rights are violated and you’ve been deprived of at least one half paid meal or rest period of 20 minutes, you are essentially entitled to an additional hour of pay. This is an hourly calculation. In other words, you are entitled to 1/2 your regular hourly rate for every unpaid work period. There is a three year statute of limitations on filing.
Complaints can be made to the Iowa Division of Labor, but that is a government agency, the investigation period can be up to 90 days , and even then they may not be able to do anything about it or may have some limited ability to do something about it. Complaining to an employer may be met with resistance and refusal to pay. Most often, an aggrieved employee can file a lawsuit to get paid.
The specific statute of limitations will depend on whether the employer is considered a public or private employer and if you are considered "exempt" under Iowa Code Chapter 216. The statute of limitations for a state claim is generally up to two years from the time you have knowledge you were not paid (or should have been paid) and for a federal claim of Fair Labor Standards Act ("FLSA"), typically three years.