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W-2 Shifts Meal and Rest Breaks | Appendix
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Written by Qwick Support
Updated over a week ago

This appendix is the same table at the bottom of both of the two FAQs below and all have the same information:

APPENDIX

MEAL AND REST BREAKS FOR W-2 SHIFTS BY SHIFT LOCATION

Meal Breaks

Qwick provides professionals working W-2 shifts (plus 1099 shifts in CA) with meal breaks consistent with applicable law, as follows. Business partners are expected to ensure these breaks occur.

Location

Meal Break Requirements for W-2 Shifts

California

Meal Break 1: Professionals who work more than 5 hours in a workday are provided with a 30-minute complete, unpaid, uninterrupted, duty-free meal break, which must begin no later than the end of the 5th hour of work.

Meal Break 2: Professionals who work more than 10 hours in a workday are provided with a second 30-minute complete unpaid, uninterrupted, duty-free meal break, which must start no later than the end of the 10th hour of work.

Waiver Permitted: Professionals may opt to waive their first meal break if they work more than 5 but no more than 6 hours. They may also opt to waive their second meal break, but only if they work more than 10 and no more than 12 hours and take a timely and complete first meal break.

Professionals may leave the work premises for meal breaks.

Meal Period Penalties: Professionals who are not provided with a timely, complete, and uninterrupted meal break will be paid a meal period premium (MPP) of 1 hour of their regular rate of pay.

If you were not provided with a timely, complete, and uninterrupted meal break, contact Qwick support as soon as possible at 79425.

Colorado

Professionals who work more than 5 consecutive hours in a workday must take an unpaid, uninterrupted, duty-free 30-minute meal break, which shall be taken at least one hour after the start and one hour before the end of the shift, to the extent practical.

Waiver Not Permitted: Professionals are not permitted to waive their meal breaks in Colorado.

Illinois

Meal Break 1: Professionals who work 7.5 continuous hours or more must take a 20-minute unpaid, uninterrupted meal period, which begins no later than 5 hours after the start of the work period. A meal period does not include reasonable time spent using the restroom facilities.

Meal Break 2: Professionals who work 12 continuous hours or more must take a second 20-minute unpaid, uninterrupted meal period.

Meal Break 3: Professionals who work 16.5 consecutive hours or more must take a third 20-minute unpaid, uninterrupted meal period.

Waiver Not Permitted: Professionals are not permitted to waive their meal breaks in Illinois.

Tennessee

Meal Break 1: Professionals who are scheduled to work 6 or more consecutive hours in a workday must take a 30-minute unpaid break, except in workplace environments that by their nature of business provide for ample opportunity to rest or take an appropriate break. An example would be a person employed in the food + beverage industry or a security guard. The meal break must not occur during or before the first hour of scheduled work activity.

Waiver May Be Permitted on Some Shifts: Professionals who are principally serving food or beverages and who receive and report the tips to Qwick may waive their right to a 30-minute unpaid meal break. Please contact our support team at 79425 if you have questions about meal break waivers in Tennessee.

New York

Professionals must take

  • a 30-minute unpaid meal break between 11:00 a.m. and 2:00 p.m. for shifts six hours or longer that extend over that period

  • an additional 30-minute unpaid meal break between 5:00 p.m. and 7:00 p.m. for workdays that extend from before 11:00 a.m. to after 7:00 p.m

  • a 45-minute meal break at the time midway between the beginning and end of the shift for all shifts of more than six hours starting between 1:00 p.m. and 6:00 a.m.

Waiver Not Permitted: W-2 professionals are not permitted to waive their meal breaks in New York.

All Other Locations

Meal breaks are encouraged if it's possible for the business and professional, but not required.

Rest Breaks

Qwick provides professionals working W-2 shifts with rest breaks consistent with applicable law, as follows:

California

​​Professionals must be permitted to take a 10-minute, paid rest break in the middle of each work period to the extent possible, as follows:

Shift Length (Hours Worked)

Number of Paid 10-Minute Rest Breaks

0 - 3.5

0

3.5 - 6

1

6 - 10

2

10 - 14

3

Colorado

Professionals must be permitted to take a 10-minute, paid rest break in the middle of each work period to the extent possible, as follows:

Shift Length (Hours Worked)

Number of Paid 10-Minute Rest Breaks

0 - 2 hours

0

2 - 6 hours

1

6 - 10 hours

2

10 - 14 hours

3

All Other Locations

Professionals are encouraged to take a paid rest break if it works for the business and the professional, but such breaks are not required.


Date Posted

Version

Description of Change

6/13/24

New

N/A


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