how many breaks do i get for working 12 hours in New Jersey

UPDATED: Sep 30, 2022

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how many breaks do i get for working 12 hours in New Jersey

hello i drive a cab for a living in Monmouth county New Jersey and i work 12
hours a day straight from 4am to 4pm. Am i entitled to a lunch break?

Asked on July 1, 2017 under Employment Labor Law, New Jersey


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

First of all, if you are independent contractor, you are not entitled to any breaks. Additionally, in NJ, the same is true if you are an employee. In other words, there is no state law that provides for either rest or lunch breaks. That having been said, if your employee voluntarily chooses to give you a lunch break, then under federal law, it need not be paid but if you are given shorter breaks (of 20 minutes or less), they must be paid.

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