A break at work is a period of time during a shift in which an employee is allowed to take time off from his/her job. There are different types of breaks, and depending on the length and the employer's policies, the break may or may not be paid. Meal breaks or lunch breaks usually range from thirty minutes to one hour. Their purpose is to allow the employee to have a meal that is regularly scheduled during the work day. For a typical daytime job, this is lunch, but this may vary for those with other work hours. It is not uncommon for this break to be unpaid, and for the entire work day from start to finish to be longer than the number of hours paid in order to accommodate this time. When working in a restaurant environment, staff can be required to work up to six hours straight before having a break but must be given at least 20 minutes break for each six hours worked. Employers are not allowed to make a member of their staff take a break earlier in the shift then work more than four consecutive hours or six consecutive hours in one go without a further break; for example, if an employee was working ten hours the company could not give him twenty minutes' break two hours into the shift and then expect the employee to work the rest of the shift without a further break. According to a study, the amount of time people are taking for lunch breaks in the United States is shrinking, thereby making the term "lunch hour" a misnomer. Some employers request the lunch to be taken at their work station or not offering lunch breaks at all. Many employees are taking shorter lunch breaks in order to compete with other employees for a better position, and to show their productivity. In some places, such as the state of California, meal breaks are legally mandated. Penalties can be severe for failing to adequately staff one's business premises so that all employees can rotate through their mandatory meal and rest breaks. For example, on April 16, 2007, the Supreme Court of California unanimously affirmed a trial court judgment requiring Kenneth Cole Productions to pay an additional hour of pay for each day that a store manager had been forced to work a nine-hour shift without a break. On April 12, 2012 the Supreme Court of California issued its long-awaited opinion in Brinker Restaurant Corp., et al. v. Superior Court., which addressed a number of issues that have been the subject of much litigation in California for many years. The California Supreme court ruled that employers satisfy their California Labor Code section 512 obligation to "provide" meal periods to nonexempt employees by (1) relieving employees of all duty; (2) relinquishing control over their activities and permitting them a reasonable opportunity to take an uninterrupted 30-minute break; and (3) not impeding or discouraging them from doing so. Importantly, the court agreed that employers are not obliged to "police" meal breaks to ensure that no work is performed. Even if an employee chooses to work during a properly provided meal period, an employer will not be liable for any premium pay, and will only be liable to pay for the time worked during a meal period so long as the employer knew or reasonably should have known that the employee was working during the meal period.

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