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2026 Break Penalty Compliance Guide

Vermont Meal & Rest Break Laws & Penalty Pay

Statutory 30-minute off-duty meal period thresholds, paid 10-minute rest breaks, 1-hour penalty pay rules, and lactation accommodations under 21 V.S.A. § 384.

State Citation: 21 V.S.A. § 384
Daily OT Threshold: Weekly > 40h
FLSA Rest Code: 29 CFR § 785.18
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Meal & Rest Period Requirements in Vermont

Under statutory labor standards in Vermont, break requirements are governed by 21 V.S.A. § 384 and FLSA rules.

Meal Period Rule

No mandatory state meal break for adults unless specified by employment contract.

Rest Period Rule

Under FLSA 29 CFR § 785.18, short rest periods (5 to 20 mins) provided by employers must be counted as paid work time.

Statutory Break Penalties & Employer Liability

Statutory rules regarding break violations and employer liability in Vermont:

  • ⚠️ Statutory Penalty Pay: Violations of employer-agreed break schedules or failure to pay for rest breaks under FLSA 29 CFR § 785.18 constitute wage theft liable for back wages.
  • On-Duty Meal Agreements: Permitted only in designated circumstances where duty nature prevents an off-duty break, requiring paid time.
  • Lactation Accommodations: Reasonable break time and private, non-restroom spaces must be provided for nursing mothers under federal PUMP Act & state laws.
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