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Break room

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A break room in an American office

A break room is a room in a workplace where employees can go during meals and other breaks.[1]

About

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Since the 2010s, many workplaces have sought to enhance their employee break rooms by installing micromarkets inside them. Micromarkets provide expanded food options compared to traditional vending machines.[2] During the COVID-19 pandemic, some workplaces began to install self-service kiosks, touch-free coffee machines, and other forms of upgraded technology in their employee break rooms to reduce the transmission of COVID and other diseases.[3]

Many workplaces display employment-related posters and announcements in their break rooms.[4]

The placement of surveillance cameras in workplace break rooms has been controversial. In 2017, a camera was removed from the employee break room of a town hall in Michigan following backlash from workers.[5] In 2001, custodians at a high school in Ohio sued after discovering that a hidden camera had been installed in the break room to monitor them. The workers in Brannen v. Board of Education claimed a violation of their Fourth Amendment rights, but the court ruled that the workers had no reasonable expectation of privacy given that a break room is a public space.[6]

Break room laws and regulations

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Australia

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Queensland's Workplace Health and Safety Act 1995 required that "A workplace must have a lunch room in or adjacent to the workplace." The law stated that the lunch room must be separate from areas where work is performed and must not be used for any purpose other than lunches and other breaks.[7]

Canada

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Ontario law states that "Where fifteen or more persons congregate to eat, a lunchroom shall be provided." Lunch rooms must be equipped with suitable seating, heating, lighting, ventilation, facilities for warming food, hand washing and drying facilities, hot and cold water, trash disposal, and other features.[8]

Prince Edward Island's Occupational Safety and Health Act requires workplaces to have a "Lunch and rest room" that is separate from toilet areas and is equipped with suitable seating and tables.[9]

Nova Scotia's Occupational Health and Safety Act requires workplaces to "provide an enclosed eating area separate from the work area" only when "the possibility of contamination of food from a hazardous substance exists in a work area".[10]

France

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In France, workplaces with fewer than 50 workers "must provide employees with a place where they can eat in good health and safety." Companies with more than 50 employees must provide workers with a catering room equipped with seating, a table, drinking water, refrigeration, and food heating appliances.[11]

Germany

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German law mandates that all workplaces with more than 10 employees must have a break room. Workplaces with fewer than 10 employees must also have break rooms if necessitated for safety or health reasons. The law stipulates that break rooms must have adequate tables and seating.[12][13]

Netherlands

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In the Netherlands, the Working Conditions Decree mandates that workplaces must have break rooms and, depending on the number of employees, that the break room must be spacious and have tables and chairs.[14]

New Zealand

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According to WorkSafe New Zealand, "Workers should have somewhere they can prepare and eat food during breaks", "This area should be kept clean", and "Workers should have a sheltered place to sit during break times." Temperature-controlled break rooms are also required when necessary.[15]

Norway

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Norwegian law does not require workplaces to have break rooms, but if a workplace lacks a "satisfactory break room", the worker must be paid for their break.[16]

United States

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As federal law does not require work breaks, there is no federal requirement for workplaces to have break rooms.[17][18] The United States Access Board requires workplaces that do have break rooms to make them accessible to people with disabilities.[19]

The Occupational Safety and Health Administration (OSHA) lists break rooms as an example of a "common area". Common areas are defined as "indoor or outdoor locations under the control of the employer that more than one person may use or where people congregate ...".[20] OSHA does not require workplaces to have a break room.[21]

The majority of states do not require workplaces to have break rooms, including Alabama,[22] Alaska,[23] Arizona,[24] Arkansas,[25] Colorado,[26] Connecticut,[27] Delaware,[28] Florida,[29] Georgia,[30] Hawaii,[31] Idaho,[32] Indiana,[33] Iowa,[34] Kansas,[35] Kentucky,[36] Louisiana,[37] Maryland,[38] Maine,[39] Massachusetts,[40] Michigan,[41] Minnesota,[42] Mississippi,[43] Missouri,[44] Montana,[45] Nebraska,[46] Nevada,[47] New Hampshire,[48] New Jersey,[49] New Mexico,[50] New York,[51] North Carolina,[52] North Dakota,[53] Ohio,[54] Oklahoma,[55] Oregon,[56] Pennsylvania,[57] Rhode Island,[58] South Carolina,[59] South Dakota,[60] Tennessee,[61] Texas,[62] Utah,[63] Virginia,[64] Vermont,[65] West Virginia,[66] Wisconsin,[67] and Wyoming.[68] There is no law in Washington, D.C. that requires a break room.[69]

California Industrial Welfare Commission requires workplaces to have "suitable resting facilities" that are to be located "separate from toilet rooms".[70] The Los Angeles Code of Ordinances states that "In all places of employment where employees are permitted to lunch on the premises, an adequate space suitable for that purpose shall be provided for the maximum number of employees who may use such space at one time. Such space shall be separate and apart from any location where there is an exposure to toxic materials."[71]

Illinois law requires break rooms only for hotel workers, stating that "Every employer of hotel room attendants shall make available at all times a room on the employer's premises with adequate seating and tables for the purpose of allowing hotel room attendants to enjoy break periods in a clean and comfortable environment. The room shall have clean drinking water provided without charge."[72]

The law code of the borough of Palisades Park, New Jersey, requires that in "all places of employment where employees are permitted to lunch on the premises, an adequate space suitable for that purpose shall be provided for the maximum number of employees who may use such space at any one time." The lunch room must include a covered trash receptacle and be located separate from any toxic materials.[73] The same requirements are also found in the law code of Teaneck, New Jersey.[74]

Washington state only requires break rooms at workplaces where workers could be exposed to toxic substances. The law states that "If the workplace exposes employees to injurious dusts or other toxic materials, the employer must provide a separate lunchroom unless it is convenient for employees to lunch away from the premises."[75] While some labor unions in the state have break room requirements, there is no general break room requirement under state law.[76]

Texas state law does not require break rooms. However, the Texas Department of Licensing and Regulation has stated that where employee break rooms exist, they must be designed in accordance with Texas Accessibility Standards.[77]

See also

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References

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  1. ^ "Break room, noun". Merriam-Webster. Retrieved 2024-07-14.
  2. ^ "Micromarkets replace break room vending machines". Milwaukee Journal Sentinel. Retrieved 2024-07-14.
  3. ^ "Touchless lattes and self-service kiosks: Office break rooms go virus-proof". NBC News. 29 September 2020. Retrieved 2024-07-14.
  4. ^ "What you need to know about the employment law posters in your breakroom". The Business Journals. Retrieved 2024-07-14.
  5. ^ "'Spy camera' banned from break room in Plymouth Township Hall". Detroit Free Press. Retrieved 2024-07-14.
  6. ^ "WARRANTLESS WORKPLACE SEARCHES OF GOVERNMENT EMPLOYEES" (PDF). Federal Law Enforcement Training Centers. Retrieved 2024-07-14.
  7. ^ "WORKPLACE HEALTH AND SAFETY (MISCELLANEOUS) REGULATION 1995" (PDF). Australian Legal Information Institute. Retrieved 2024-08-11.
  8. ^ "R.R.O. 1990, Reg. 854: MINES AND MINING PLANTS". Ontario.ca. Retrieved 2025-04-20.
  9. ^ "OCCUPATIONAL HEALTH AND SAFETY ACT GENERAL REGULATIONS" (PDF). Government of Prince Edward Island. Retrieved 2024-07-17.
  10. ^ "Occupational Safety General Regulations". Government of Nova Scotia. Retrieved 2024-07-23.
  11. ^ "Employee lunch break: what are the rules?". Service-Public.fr. Retrieved 2024-07-16.
  12. ^ "Ordinance on Workplaces". Federal Ministry of Justice. Retrieved 2024-07-14.
  13. ^ "Labour Rights in Germany (for English Speakers)" (PDF). Free Workers' Union. Retrieved 2024-07-14.
  14. ^ "Arbeidsomstandighedenbesluit". Government of the Netherlands. Retrieved 2024-11-11.
  15. ^ "26.0 Worker facilities". WorkSafe New Zealand. 31 August 2022. Retrieved 2024-07-14.
  16. ^ "Working in Norway: Your rights and obligations". Norwegian Labour Inspection Authority. Retrieved 2024-07-16.
  17. ^ "Breaks and Meal Periods". United States Department of Labor. Retrieved 2024-07-14.
  18. ^ "Break-room standards". DMV360. April 2006. Retrieved 2024-07-18.
  19. ^ "Guide to the ADA Accessibility Standards". United States Access Board. Retrieved 2024-07-14.
  20. ^ "Occupational Safety and Health Standards". Occupational Safety and Health Administration. Retrieved 2024-07-14.
  21. ^ "Standard Interpretations Showers and lunch areas". Occupational Safety and Health Administration. Retrieved 2024-07-14.
  22. ^ "Alabama Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  23. ^ "Alaska Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  24. ^ "Arizona Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  25. ^ "Arkansas Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  26. ^ "Colorado Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  27. ^ "HR Hotline: Are We Required to Provide a Break Room for Employees?". Connecticut Business & Industry Association. 20 August 2018. Retrieved 2024-08-11.
  28. ^ "Delaware Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  29. ^ "Florida Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  30. ^ "Georgia Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  31. ^ "Hawaii Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  32. ^ "Idaho Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  33. ^ "Indiana Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  34. ^ "Iowa Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  35. ^ "Kansas Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  36. ^ "Kentucky Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  37. ^ "Louisiana Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  38. ^ "Maryland Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-02-01.
  39. ^ "Maine Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  40. ^ "Massachusetts Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  41. ^ "Michigan Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  42. ^ "Minnesota Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  43. ^ "Mississippi Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  44. ^ "Missouri Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  45. ^ "Montana Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  46. ^ "Nebraska Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  47. ^ "Nevada Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  48. ^ "New Hampshire Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  49. ^ "New Jersey Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-02-01.
  50. ^ "New Mexico Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  51. ^ "New York Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  52. ^ "What to Know About Breaks". North Carolina Department of Labor. Retrieved 2024-07-14.
  53. ^ "North Dakota Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  54. ^ "Ohio Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  55. ^ "Oklahoma Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  56. ^ "Oregon Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  57. ^ "Pennsylvania Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-02-01.
  58. ^ "Rhode Island Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  59. ^ "South Carolina Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  60. ^ "South Dakota Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  61. ^ "Tennessee Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  62. ^ "Texas Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  63. ^ "Utah Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  64. ^ "Virginia Meal and Break Laws". WorkforceHub. Retrieved 2025-04-20.
  65. ^ "Vermont Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  66. ^ "West Virginia Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  67. ^ "Wisconsin Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  68. ^ "Wyoming Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  69. ^ "Washington, D.C. Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  70. ^ "Rest Periods/Lactation Accommodation". California Department of Industrial Relations. Retrieved 2024-07-14.
  71. ^ "Part 4 - LUNCH ROOMS AND WASHING FACILITIES". Municipal Code Corporation. Retrieved 2025-04-20.
  72. ^ "Illinois Compiled Statutes". Illinois General Assembly. Retrieved 2024-08-11.
  73. ^ "Borough of Palisades Park, NJ". eCode360. Retrieved 2025-04-20.
  74. ^ "Township of Teaneck, NJ". Retrieved 2025-04-20.
  75. ^ "WAC 296-307-24030". Washington State Legislature. Retrieved 2024-07-14.
  76. ^ "Washington Meal and Rest Break Laws". WorkforceHub. Retrieved 2025-04-20.
  77. ^ "Employee Break Rooms" (PDF). Texas Department of Licensing and Regulation. Retrieved 2024-07-14.
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