Meal Breaks

Meal Breaks (M.G.L.c. 149, ss. 100-102) (MA Attorney General Guide)

Employers, with some exceptions, must provide at least a 30-minute unpaid meal break to those employees working more than six hours in a day. If the employee's movement is restricted during the meal break or if the employee is required to perform any job function during the break, the employee must be paid for the meal period. (M.G.L.c. 149, s. 100)

This statute does not apply to iron works, glass works, paper mills, letterpress establishments, print works, bleaching works or dyeing works. The Attorney General may grant exemptions to other factories, workshops or mechanical establishments if necessary due to the continuous nature of their processes or other special circumstances. (M.G.L.c. 149, s. 101)

If a minor without the knowledge of the employer works during a part of any time allowed for meals despite the posting of the required notice, the employer will not be held responsible. (M.G.L.c. 149, s. 102)

Any employer, superintendent or agent who violates this statute will be punished by a fine of not less than three hundred dollars nor more than six hundred dollars. (M.G.L.c. 149, s. 100)

This statute is enforced by the Office of the Massachusetts Attorney General. Employees whose rights under this statute have been violated can file an online complaint under "Meal period". There is no private right of action under this statute. Salvas v. Wal-Mart Stores, Inc., 452 Mass. 337, 372 (2008)

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