If you're like most Americans you probably feel like you're constantly on the go. In addition to the daily demands of your job, there’s a good chance you’re balancing a variety of other commitments and responsibilities that consume your time and energy. As a result, skipping your lunch break in order to leave work early might seem like a good idea.

The truth is that eating a sandwich at your desk or skipping lunch altogether in the hopes of cutting your workday short is easier said than done. Federal law does not require employers to provide meal breaks but regulates those who choose to do so; states that have laws addressing this issue do so in different ways. In addition, your employer might not allow you to cut your workday short by skipping a meal, even if the law allows it.

No Federal Law Requires Meal Breaks

Although there’s no federal statute that requires employers to provide lunch breaks, federal law could factor into your employer’s decision on whether to allow you to work through lunch and leave early.

The Fair Labor Standards Act (FLSA) regulates how much workers must be paid and how many hours they can be required to work. The law also requires overtime pay for those who work more than forty hours in a week. While federal law does not require work breaks, it places certain obligations on employers who choose to provide them.

In general, if an employer decides to give employees a break that lasts twenty minutes or less, the employees must be paid. If the employer provides a meal break, which would normally be 30 minutes or more, there is no requirement to pay employees so long as they are not working.

As a result, you and your employer will have more flexibility if you live in a jurisdiction that does not have a state law regulating meal breaks. It’s possible, however, that your employer might not want you to skip lunch because it could set up a situation in which your employer must pay unintended overtime.

Example. Suppose you work a 9-5 shift with an hour lunch break that is unpaid and the busiest time of the day is from 4:00 to 5:00. If your employer allows you to work through lunch and leave at four it could end up shorthanded when it needs you most. If you end up working late to help your employer throughout the week, it’s not hard to envision a scenario in which you cross the 40-hour threshold requiring your employer to pay you overtime.

In addition, if other employees want to follow your lead, keeping track of who gets paid while eating at their desk and who is working late might be an extra burden your employer simply does not wish to undertake, especially given the FLSA’s stringent wage and overtime requirements.

State Laws on Meal Breaks

Nearly half the states have laws regulating meal breaks. The details of these laws vary from state to state. Consider some of the requirements in the following states:

• California: Cal. Lab. Code § 512 provides for a 30-minute meal break if the employee works more than five hours per day.
• Connecticut: Under Conn. Gen. Stat. § 31-51ii, a meal break is required when an employee works 7.5 consecutive hours. The break must be at least 30 consecutive minutes and must occur after the first two hours and before the last two hours.
• Kentucky: KRS § 337.355 allows for a “reasonable” period for lunch between the third and fifth hour of work.
• Minnesota: Minn. Stat. § 177.254 provides “sufficient time to eat a meal” for those who work eight consecutive hours or more.

To complicate matters, all states recognize exceptions. In most states, for example, meal break requirements do not alter or impair agreements made through collective bargaining. The problem is that most of the other exceptions are not uniform. Consider these variations:

• California: Under Cal. Lab. Code § 512, exceptions apply to some employees who work in the wholesale baking, motion picture, and broadcasting industries.
• Delaware: Del. C. § 707 has a meal break requirement but excludes certain professional employees certified by the State Board of Education and employed by a local school board to work with children.
• Kentucky: KRS § 337.355 excludes employees subject to the Federal Railway Labor Act.

Despite the lack of uniformity, the good news is that many states allow the meal requirement to be waived as long as both the employer and employee agree. If you go this route, make sure you double-check the statute because some states require the waiver to be in writing.

The Employer's Perspective

If your employer rejects your request to work through lunch, don’t take it personally. There are a number of good reasons why your employer might be unwilling to go along with your idea:

• Your employer might be concerned about decreased productivity. Everyone needs a break now and then and your employer could be worried that your stamina will decrease as the day wears on.
• Lunch breaks could promote workplace efficiency. Knowing that all employees are on break for a defined period of time will make it easier for your employer to plan the business day and schedule meetings and conferences.
• Your employer is worried about complying with the law. A consistent meal break will make it easier to keep track of payroll and make it less likely that your employer will run afoul of the FLSA’s strict wage and overtime requirements.
• Workplace fairness and anti-discrimination laws. If your employer permits you to modify your work schedule, your coworkers must be allowed to do the same thing. Otherwise, your employer risks opening itself up to a discrimination claim. The problem is that allowing everyone to leave early could be bad for business. In the end, your employer’s best bet might be to stick with a traditional, defined lunch period across the board.

Despite these concerns, it’s possible that your employer could agree to modify your work schedule. Just be sure to check the law of your state to determine if there is a meal break requirement and whether it can be waived.