I’m sure we can all think of a restaurant or two where, if we worked there, we’d undoubtedly eat the food on every lunch break we get. The question is: do employees have to pay for this food out of pocket or are restaurants legally required to feed them? The answer to this question is important from both an employee and employer perspective, which is why we’re going to answer it thoroughly here.
There are no laws in any American state that legally requires restaurants to provide employees with food for these breaks. Employees are expected to provide their food during any meal breaks while at their place of employment. However, there might be contractual exceptions, particularly for larger food chains or eateries.
Knowing your rights as an employee and employer regarding the topic of provided food is definitely important and should be clearly labeled in any employee handbook. To help, we’ve detailed why provided food isn’t required by law, the circumstances in which there might be exceptions, and other food-related legalities for restaurants employees.
Why Aren’t Restaurant Employers Required to Feed Employees?
When you’re starting a new job at a restaurant or searching for new employees, it is also important to have the position’s perks and requirements laid out from the very beginning, and a topic that should definitely be discussed is whether employees will be provided food.
The predominant reason restaurants don’t feed employees is that it isn’t a legal requirement on the state or national level. These companies are already providing compensation for their employee’s work through hourly or salary wages, and so, they are under no obligation to provide food.
While it would certainly be a nice perk to earn money as you work and also have a meal or two taken care of by your employer, it isn’t something restaurant employees should expect.
From a business standpoint, it would significantly affect a restaurant’s food supply and profits if they had to buy enough ingredients to feed their customers and employees.
They would also have to find a way to limit the general cost of food provided to an employee, considering there is a significant difference between the cost of a muffin and a lobster dinner.
Although one could argue that feeding their employees is a cost many large food chains could make, hundreds of privately owned establishments wouldn’t be able to handle this extra burden. Therefore, making it a legal requirement for all restaurants would put an exceptional strain on the industry.
Are There Any Exceptions to This Rule?
Having a meal or two provided by your employer could make a significant difference for employees in relieving some food-related financial strain. So, we certainly don’t blame employees who want to specifically seek out restaurants with this perk, and luckily, some exist.
A significant number of large food chains or highly popular eateries, such as fast-food restaurants, will often provide their employees with discounts that might cover an entire meal, or they will contractually supply one free meal per shift as a condition of their employment.
In the event that a company clearly states they will supply an employee with a free meal or a meal discount during their shift, they are obligated to uphold this promise as long as it is physically written in the form of a contract that is signed by both parties.
Typically, an employee will be able to find and refer to this contract in the employee handbook they receive during their orientation. Still, it is important to state that these restaurants are by no means legally required to do this. Most will offer meals and discounts as a perk of their employment to benefit the employee’s health and productivity levels.
Are Meal Breaks Legally Required?
Usually, you aren’t even considering the option of receiving a meal from your employer unless you receive a break first, but are restaurants even required to give breaks?
Whether an employer is legally obligated to provide their employee with a break depends on a myriad of factors, including:
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The employee’s age
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The state both parties are in
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The number of consecutive hours an employee has worked
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The time of day an employee is working
The idea of a “lunch break” is more of an unwritten rule that many companies and organizations have adopted over time and eventually became law. However, these laws reside on a state level rather than a national standard.
As a result, you’ll find a great deal of variety when comparing the laws of each state regarding bona fide breaks and rest periods.
For example, in New York State, employees who work during mealtime must be provided a 30-minute break free of any work duties to eat a meal. Additionally, employees who work a minimum of six hours between the hours of 1:00 pm and 6:00 pm must be allowed a meal break of at least 45 minutes.
Comparatively, employers in Ohio state are only legally required to provide a 30-minute meal break to minors (an individual under the age of 18) after every five consecutive hours they worked.
Even some states, like South Carolina, Texas, Mississippi, and many more, have no laws in place regarding meal breaks or rest time. Of course, this doesn’t mean every restaurant in these states forces employees to work continuously without food, but rather, the set amount of time and when they receive this break is up to the employer’s discretion.
Final Thoughts
Meal breaks and food provision in the workplace can be a touchy subject, especially since employers are not required to feed their restaurant employees. Depending on your state of residency, some aren’t even legally required to provide them with meal breaks. This can make individuals seeking employment wary of working in the food industry, particularly for long hours, if they know they won’t receive proper time to rest or eat during a shift that is 5+ hours.
Thankfully, most employers are understanding of this basic need, and many will provide meals or discounts to keep their employees happy and productive. But, ultimately, if you’re considering working at a restaurant, it’s important to know your food/break-related rights before you accept the position.
Also read: can restaurant owners charge employees for mistakes?
