United States Code
USC most recently checked for updates: Dec 07, 2023
Subject to paragraph (2), an employer shall not be required to compensate an employee receiving reasonable break time under subsection (a)(1) for any time spent during the workday for such purpose unless otherwise required by Federal or State law or municipal ordinance.
Break time provided under subsection (a)(1) shall be considered hours worked if the employee is not completely relieved from duty during the entirety of such break.
An employer that employs less than 50 employees shall not be subject to the requirements of this section, if such requirements would impose an undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer’s business.
An employer that is an air carrier shall not be subject to the requirements of this section with respect to an employee of such air carrier who is a crewmember 1
The term “air carrier” has the meaning given such term in section 40102 of title 49.
The term “crewmember” has the meaning given such term in section 1.1 of title 14, Code of Federal Regulations (or successor regulations).
Except as provided in paragraph (2), an employer that is a rail carrier shall be subject to the requirements of this section.
For purposes of paragraph (2)(A), it shall not be considered a significant expense to modify or retrofit a locomotive or rolling stock by installing a curtain or other screening protection.
The term “employee who maintains the right of way” means an employee who is a safety-related railroad employee described in section 20102(4)(C) of title 49.
The term “rail carrier” means an employer described in section 213(b)(2) of this title.
The term “train crew” has the meaning given such term as used in chapter II of subtitle B of title 49, Code of Federal Regulations (or successor regulations).
Except as provided in paragraph (2), an employer that is a motorcoach services operator shall be subject to the requirements of this section.
The terms “motorcoach” and “motorcoach services” have the meanings given the terms in section 32702 of the Motorcoach Enhanced Safety Act of 2012 (49 U.S.C. 31136 note).
The term “motorcoach services operator” means an entity that offers motorcoach services.
Nothing in this section shall preempt a State law or municipal ordinance that provides greater protections to employees than the protections provided for under this section.
This section shall have no effect on the preemption of a State law or municipal ordinance that is preempted under subtitle IV, V, or VII of title 49.