Skip to main content
W-2 Shifts Meal and Rest Breaks | For Professionals
Qwick Support avatar
Written by Qwick Support
Updated over a week ago

This document provides answers to frequently asked questions about Qwick’s meal and rest break policies for professionals working W-2 shifts.

Please see the meal and break policies in Qwick’s Handbook for W-2 Professionals and the accompanying state supplements for further information about breaks, including state-specific requirements. These documents can be found here:

MEAL BREAK FAQS

What is Qwick's meal break policy?

Qwick provides professionals who work W-2 shifts with meal breaks consistent with applicable law. Professionals are provided meal breaks in the following locations, as set forth in the Appendix below:

  • California

  • Colorado

  • Illinois

  • New York

  • Tennessee

For shifts in any other location, Qwick encourages meal breaks when agreed upon by the business partner and professional, but they are not required.

Please see Qwick’s Labor Force Group Handbook for W-2 Professionals and the accompanying State Supplements for further information.

**California professionals only: All professionals (1099 and W-2) must take meal breaks as set forth in the Appendix. Please refer to the California Supplement to Qwick’s Handbook for W-2 Professionals for Qwick’s California meal break policy.

How long are meal breaks?

If you are working a shift in California, Colorado, Illinois, New York, or Tennessee, please see the Appendix below to determine the length of your break.

Short breaks of 20 minutes or less do not count as meal breaks. These must be paid and recorded in our timekeeping system within the Qwick for Professionals app.

Are meal breaks paid or unpaid?

Meal breaks are unpaid. Business partners must ensure professionals are accurately recording their meal breaks in the Qwick for Professionals app.

How do professionals keep track of meal breaks?

Professionals are required to accurately record their unpaid meal breaks in our timekeeping system within the Qwick for Professionals app by clocking out before they begin their meal break and clocking back in after the meal break ends. If a professional is asked to come back to work before the meal break ends, the professional must clock back in from the meal break to ensure their hours are recorded in the Qwick app so they are properly paid for all hours worked. Qwick business partners must ensure that professionals are accurately recording their meal breaks in the app and accurately paid for all time worked.

Start a Meal Break

End Break a Meal Break

Can professionals leave the work site during a meal break?

Yes, professionals can leave the site during a meal break as long as they can be back and ready to work when the meal break is over.

What if I entered my meal break incorrectly in the Qwick app?

If you did not correctly enter your meal break time, contact Qwick support at 79425 as soon as possible. We will ensure your time records accurately reflect your break times so you are properly paid for all hours worked.

What if I’m unable to take a timely, complete, and uninterrupted meal break?

If you are working a W-2 shift in California, Colorado, Illinois, New York, or Tennessee, you must be provided with a timely, complete, and uninterrupted meal break as described in the Appendix below. In the rare circumstance that you are not provided with one, you must accurately record your meal break so you are paid for all hours worked. If you need to adjust your time punches to ensure they are accurate or are unable to take a meal break, contact us as soon as possible at 79425 so that we can review the situation.

What if I don’t want to take the full meal break?

If you work a shift in California, Colorado, Illinois, New York, or Tennessee, you must take your meal break as described in the Appendix below (unless you are in California or Tennessee and have a valid meal break waiver).

If you work a shift in a state other than California, Colorado, Illinois, New York, or Tennessee, you can elect to skip a break anytime as long as it also works for the business partner.

I am in a state that requires meal breaks. Can I waive my meal break?

Qwick permits waivers where allowed by applicable law. Currently, only some W-2 shifts in California and Tennessee are eligible for waivers. If your shift is in Colorado, Illinois, or New York, waivers are not available and you must take a meal break as described in the Appendix below.

If you are located in California or Tennessee and would like to waive one or more meal breaks or change/evoke the meal break waiver you already have on file, you may do so anytime by contacting us at 79425. See the question directly below for more information about meal break waivers in California.

I am located in California. How can I waive my breaks or change/rescind my waiver?

In California, there are two breaks:

  • One 30-minute, unpaid, uninterrupted meal break for shifts more than 5 hours that must begin before the 5th hour of work.

  • A second 30-minute unpaid, uninterrupted meal break for shifts more than 10 hours that must begin before the 10th hour of work.

Professionals can waive their first meal break if they work more than 5 and less than 6 hours in a workday, and can waive their second break if they work more than 10 and less than 12 hours in a workday as long as they take their complete first 30-minute meal break in a timely manner.

If you would like to waive one or more break(s), you can complete a meal break waiver. Meal break waivers are completely voluntary, can be done on a shift-by-shift basis, and be changed or rescinded at any time. To complete, change, or rescind a waiver, please contact Qwick support at 79425.

What if I’m eligible for a meal break but the business does not provide it?

If you are working a shift in California, Colorado, Illinois, New York, or Tennessee and believe you were not provided with a full, complete, and uninterrupted meal break as described in the Appendix, please contact Qwick support at 79425 as soon as possible so we can review the situation.

What if I have questions about meal breaks?

If you have questions or concerns, please text our support team at 79425 anytime. We are here to help.


REST BREAK FAQS

What is Qwick’s rest break policy?

Qwick provides professionals who work W-2 shifts with rest breaks consistent with applicable law in the following locations, as set forth in the Appendix below:

  • California

  • Colorado

For shifts in any other location, Qwick encourages rest breaks when agreed upon by the business partner and professional, but they are not required.

Any rest breaks of short duration (lasting between five and 20 minutes) will be counted as “hours worked”. Rest breaks are paid time, so professionals should not clock out for rest breaks.

Please see Qwick’s Labor Force Group Handbook for W-2 Professionals and the accompanying State Supplements for further information.

**California professionals only: All professionals (1099 and W-2) must take rest breaks as set forth in the Appendix below. Please see the California Supplement to Qwick’s Handbook for W-2 Professionals for Qwick’s California break policy here.

How long are rest breaks?

Rest breaks are 10 minutes long, but may be longer if agreed upon by the professional and the business. Rest breaks 20 minutes or less must be paid and recorded in our timekeeping system within the Qwick for Professionals app.

Are rest breaks paid?

Yes, rest breaks are paid. Business partners must ensure professionals are accurately recording their rest breaks in the Qwick for Professionals app.

How do professionals keep track of rest breaks?

Professionals are required to remain clocked into our timekeeping system within the Qwick app during rest breaks.

Can professionals leave the work site during a rest break?

Yes, professionals can leave the site during a rest break as long as they can be back and ready to work when the rest break is over.

What if I’m unable to take a rest break?

If you are working a W-2 shift in California or Colorado, you are allowed to take a rest break as described in the Appendix. In the rare circumstance that you are not permitted by a business partner to take a rest break, contact us as soon as possible at 79425.

What do I do if I have questions about rest breaks?

If you have questions or concerns, please text our support team at 79425 anytime. We are here to help.

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 security guards. 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 79-425 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.

Please see the meal and break policies in Qwick’s Handbook for W-2 Professionals and the accompanying state supplements for further information about breaks, including state-specific requirements. These documents can be found here:


Date Posted

Version

Description of Change

6/13/24

New

N/A

Did this answer your question?