Rest Breaks & Unpaid Wages | Employee Rights
Were You Denied Required Rest Breaks or Pay for Break Time?
Employees may have claims for unpaid wages when they are denied rest breaks required by state law or are not paid for break time that legally counts as time worked. Rest-break requirements vary by state, while federal law provides separate rules governing when break time must be treated as paid working time.
Federal Law: Does the FLSA Require Rest Breaks?
Generally, no. The federal Fair Labor Standards Act (FLSA) does not generally require an employer to give adult employees rest or meal breaks. State law, however, may require breaks.
Under the FLSA, short rest periods—usually 20 minutes or less—generally must be counted as hours worked and paid. By contrast, bona fide meal periods, typically 30 minutes or more, generally do not have to be paid if the employee is completely relieved from duty. For more information, see the U.S. Department of Labor Fact Sheet #22: Hours Worked Under the FLSA and the U.S. Department of Labor’s state rest-period requirements table.
Colorado Example: Alleged Missed Rest Breaks and Unpaid Wages
A recently filed class action illustrates how missed rest breaks may result in claims for unpaid wages. The complaint cites the Colorado Overtime and Minimum Pay Standards Order (the “COMPS Order”), 7 Colo. Code Regs. § 1103-1-5.2, and states that it requires employees to be authorized and permitted ten-minute rest breaks in the middle of each four-hour work period or “major fraction thereof.”
The class action, Valdez v. Benihana Broomfield Corp, filed September 24, 2026 in Denver County District Court, alleges that Benihana Broomfield Corp. (“Benihana”) failed to authorize and permit required rest breaks and failed to compensate employees for missed rest breaks.
The complaint alleges that “Defendant failed to authorize and permit required ten-minute rest breaks for every four hours worked or major fraction thereof to Plaintiff and other non-exempt employees.” According to the complaint, time pressures and alleged systematic understaffing resulted in employees being regularly interrupted and required to perform work without ten-minute rest breaks.
The complaint further alleges that each missed ten-minute rest break effectively resulted in ten minutes of unpaid working time and that, for each missed break, Benihana owes additional straight-time, minimum-wage and/or overtime pay for that unpaid working time. The lawsuit seeks damages and backpay on behalf of individuals who worked as hourly paid employees for Benihana in Colorado within the statute of limitations.
Why the Federal and Colorado Rules Are Different
The Benihana complaint is based on Colorado law. Under the COMPS Order, employers generally must authorize and permit compensated ten-minute rest periods for each four hours of work, or major fractions thereof.
The FLSA does not itself create that general rest-break requirement. Instead, federal law generally requires that short breaks an employer provides be treated as paid working time. An employee’s rights therefore may depend on both state-law break requirements and federal or state rules governing whether break time must be paid.
Workers: Contact Kehoe Law Firm
If you believe you were denied legally required rest breaks, worked through breaks, or were not paid for all compensable time, you are encouraged to send us a message to learn more about your potential legal rights.
For a free, no-obligation legal evaluation, contact:
Michael Yarnoff, Esq.
(215) 792-6676, Ext. 804
[email protected]
[email protected]
About Kehoe Law Firm, P.C.
Kehoe Law Firm, P.C. is a nationally recognized, plaintiff-side class action law firm representing investors, consumers, and employees in matters involving securities fraud, corporate misconduct, mergers and acquisitions, antitrust violations, whistleblower claims, data breaches, consumer fraud, employment law violations, and retirement-plan matters. Its attorneys have served as lead or co-lead counsel in major securities cases, recovering more than $10 billion for institutional and individual investors.
Kehoe Law Firm’s class action legal services are provided on a contingency-fee basis, meaning plaintiffs are not responsible for attorneys’ fees or litigation expenses. Any request for attorneys’ fees and expenses will be subject to court approval.
SEND US A MESSAGE
Contact Us
ADDRESS
Kehoe Law Firm, P.C.
2001 Market Street
Suite 2500
Philadelphia, PA 19103