[IA] Does an employer have to pay employees for short breaks under 20 minutes?

I understand how frustrating it can be to navigate break policies at work. Can you tell me how long your shifts are and if you have discussed this issue with your employer?

Have you received any written policies regarding breaks from your employer?

Hello, and thank you for reaching out! I'm Jon, a licensed attorney with over 14 years of experience, here to help. I understand legal matters can feel overwhelming, but you're in good hands. My goal is to explain things clearly and guide you toward the best possible solution for your situation. Just a quick note, our conversation is for general legal information only and does not create an attorney-client relationship.

Are you required to stay on the premises during your smoke breaks?

Have you checked if there are any specific agreements, like a union contract or employment agreement, that might affect your break policies? It would be important to know if you get those breaks contractually or via some written policy that your employer offered you.

Yes, federal law is very clear on this, and it applies to your situation. Under the Fair Labor Standards Act (FLSA), employers are not required to provide adult employees with meal or rest breaks. However, if they choose to allow short breaks that last between 5 and 20 minutes, those breaks must be counted as paid work time.

The U.S. Department of Labor explains that this rule covers short periods away from work for personal reasons, including smoke breaks, restroom breaks, coffee breaks, and brief personal phone calls. Because these breaks are considered part of the workday, the time cannot be deducted from your pay.

In your case, if each smoke break lasts less than 15 minutes, your employer must pay you for that time. They generally cannot require you to clock out for those short breaks or subtract the time from your total hours worked simply because you stepped away for a few minutes. If your employer later disputes a wage claim, the Iowa Wage Payment Collection Law (Iowa Code Chapter 91A) also governs how and when wages must be paid in Iowa and provides a state-level avenue for recovering unpaid compensation.

It also does not matter whether your employer requires you to stay on company property during your smoke break. Under federal law, the important factor is the length of the break. As long as it is between 5 and 20 minutes, it is considered compensable work time and must be paid.

Your employer is correct that neither federal law nor Iowa law requires employers to provide 15 minute rest breaks. They could decide not to allow smoke breaks at all. However, if they do allow employees to take short smoke breaks, even informally, those breaks become paid work time under the FLSA. Simply saying the company "doesn't do 15 minute breaks" does not change the legal requirement to pay employees for short breaks that are actually permitted.

The only exception is if an employee goes beyond the time that was allowed. For example, if an employer approves a 10 minute smoke break but an employee stays away for 25 minutes without permission, the employer may discipline the employee and, depending on the circumstances, may not have to pay for the unauthorized extra time beyond the permitted break.

If your employer is deducting time from your paycheck for smoke breaks that last less than 20 minutes, they may be violating the Fair Labor Standards Act. You can refer them to the U.S. Department of Labor's FLSA guidance on rest periods, and if the issue is not corrected, you also have the option of filing a wage claim to recover any unpaid wages.