There are a few things to keep in mind when using Gusto's time tracking feature. Use the dropdowns below to learn more.
Head to this article when you're ready to set up time tracking for your employees or contractors, or if you'd like to view a video on this feature. If you're an employee, head to this article to learn about time tracking.
If you're using Gusto Time Tracking and have employees with multiple pay rates, wage calculations and hours worked at each rate can sometimes be difficult to visualize and understand.
Review the table below and explanations beneath it to learn more about how this works in Gusto.
Important: Hours for employees with multiple pay rates are tracked on a per-workweek basis. When reviewing the table, only compare to one workweek's worth of hours, not the total hours from a pay period.
| Column A | Column B |
| What multiple pay rates looks like in Time Tracking | What multiple pay rates looks like in the run payroll flow |
| Rate 1: $10/hr
Rate 2: $15/hr
Total hours earned at overtime*
Total hours earned at double overtime*
*Hours earned at overtime/double overtime of the total 50 hours worked. | Rate 1: $10/hr
Rate 2: $15/hr
Total hours confirmation
|
A: Overtime hours at Rate 1
Use the ratio of hours worked at each rate to allocate across rates. Inputs come from Column A.
B: Double overtime hours at Rate 1
Use the ratio of hours worked at each rate to allocate across rates. Inputs come from Column A.
C: Overtime hours at Rate 2
To avoid rounding issues, take the difference between total overtime hours (column A) and the overtime hours allocated for Rate 1 (column B). The remainder is allocated to Rate 2.
D: Double overtime hours at Rate 2
To avoid rounding issues, take the difference between total double overtime hours (column A) and the double overtime hours allocated for Rate 1 (column B). The remainder is allocated to Rate 2.
E: Total hours confirmation
Inputs come from Column B.
The equation: (Regular hours at Rate 2) + (Overtime hours at Rate 1) + (Double overtime hours at Rate 1) + (Regular hours at Rate 2)+ (Overtime hours at Rate 2) + (Double overtime hours at Rate 2)
The math: 16 + 2 + 2 + 24 + 3 + 3 = 50 hours
Summaries of the federal Fair Labor Standards Act (FLSA) and state-specific overtime laws can be found below.
Important: If you use Gusto Time Tracking, refer to the regulations for the state of your employees' assigned work location in Gusto.
The Department of Labor states:
“For covered, nonexempt employees, the Fair Labor Standards Act (FLSA) requires overtime pay to be at least one and one-half times an employee's regular rate of pay after 40 hours of work in a workweek.
Some states have their own overtime laws. In cases where an employee is subject to both the state and federal overtime laws, the employee is entitled to overtime according to the higher standard (i.e., the standard that will provide the higher overtime pay).
The federal baseline for overtime is 1.5 x RRP (regular rate of pay) for all hours over 40 in a week.
More information about overtime can be found here.
| Overtime Type |
Hourly rate multiplier (RRP= Regular rate of pay) |
| Weekly overtime | 1.5 times RRP |
| Daily overtime | 1.5 times RRP |
| Daily double overtime | 2.0 times RRP |
| 7th consecutive day of any one workweek | 1.5 times RRP |
This table was last revised September 2019
State |
Overtime Occurs After... |
Overtime Calculation(RRP = Regular rate of pay) |
Explanation |
| Alabama |
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| Alaska |
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| Arizona |
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| Arkansas |
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| California |
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| Colorado |
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| Connecticut |
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| Delaware |
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| Florida |
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| Georgia |
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| Hawaii |
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| Idaho |
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| Illinois |
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| Indiana |
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| Iowa |
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| Kansas |
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| Kentucky |
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| Louisiana |
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| Maine |
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| Maryland |
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| Massachusetts |
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| Michigan |
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| Minnesota |
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| Mississippi |
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| Missouri |
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| Montana |
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| Nebraska |
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Nevada |
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| New Hampshire |
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| New Jersey |
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| New Mexico |
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| New York |
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| North Carolina |
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| North Dakota |
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| Ohio |
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| Oklahoma |
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| Oregon |
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| Pennsylvania |
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| Rhode Island |
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| South Carolina |
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| South Dakota |
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| Tennessee |
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| Texas |
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| Utah |
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| Vermont |
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| Virginia |
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| Washington |
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| Washington DC |
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| West Virginia |
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| Wisconsin |
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| Wyoming |
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The distinction between meal and rest breaks is that rest breaks are often shorter in time (less than 20 minutes) and considered paid time. Because they're usually viewed as compensable working time, rest breaks will also count towards overtime.
This article focuses on meal breaks, but rest break requirements also vary by state, and in some cases, by city or county. Consult specialized employment counsel to make sure you're meeting the rest break requirements applicable to your company.
The table below includes information about the length of the meal and rest breaks, when they should be taken, and important notes to consider.
This table was last revised November 2022
| State | Meal break requirements | Rest break requirements |
Notes (Missed break premiums, exempted industries, waivers, etc) |
| California |
Employees are entitled to an unpaid meal break of 30+ minutes for work periods of 5+ hours. The meal break may be waived by mutual agreement if the workday is completed in no more than 6 hours. Employees are entitled to a second meal break of 30+ minutes for work periods of 10+ hours. The second meal break may be waived by mutual agreement if both: (1) The total hours worked is not more than 12 hours, and (2) The first meal period was not waived. |
In addition to unpaid meal breaks, paid rest periods must be provided to employees working more than 3.5 hours per workday at a rate of 10 minutes for every 2-4 hours worked. For example, employees should receive 10 minutes for shifts from 3.5-6 hours, and a total of 20 minutes of rest breaks for shifts of more than 6-10 hours. These rest periods must be counted as hours worked and are compensable |
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| Colorado | Employees must get one unpaid 30+ minute meal break for every scheduled shift of 5+ hours. |
In addition to unpaid meal breaks, employees are entitled to a 10-minute rest periods as follows:
Required rest periods count as working time. |
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| Connecticut |
Employees must get one unpaid meal break of 30+ minutes if working more than 7.5 hours. The break must take place between the first two and last two hours of the shift. |
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| Delaware |
Employees must get one unpaid meal break of 30+ minutes if working more than 7.5 hours. The break must take place between the first two and last two hours of the shift. |
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| Illinois |
Employees working 7.5+ hours are entitled to a meal break of 20+ minutes, beginning no later than 5 hours after starting work. Employees working more than 7.5 hours are entitled to an additional meal break of 20 minutes for every 4.5 continuous hours worked. |
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| Kentucky | Employees are entitled to one unpaid meal break of 30+ minutes as close to the middle of their shift as possible. |
In addition to unpaid meal breaks, employees are entitled to a paid 10-minute rest period during each 4 hours of work. Rest periods of 5 to “about” 20 minutes are compensable working time and may not be offset against other working time, such as waiting or on-call time. Rest periods are in addition to regularly scheduled meal periods. |
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| Maine | Employees are entitled to a break of 30+ minutes if working 6+ hours. |
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| Maryland | Employees in certain retail establishments working 6+ hours are entitled to a 30+ minute meal break. |
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| Massachusetts | Employees are entitled to a break of 30+ minutes if working 6+ hours. |
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| Minnesota | Employees working 8+ hours are entitled to 30+ minutes for a meal break. |
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| Nebraska | Employees in certain industries working 8+ hours are entitled to 30+ minutes for a meal break. |
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| Nevada | Employees are entitled to an unpaid meal break of 30+ minutes for each 8-hour work period. |
In addition to unpaid meal breaks, paid rest periods must be provided to employees working more than 3.5 hours per workday at a rate of 10 minutes for every 2-4 hours worked. For example, employees should receive 10 mins for shifts from 3.5-6 hours, and a total of 20 minutes of rest breaks for shifts of more than 6-10 hours. These rest periods must be counted as hours worked and are compensable. |
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| New Hampshire | Employees working more than 5 hours are entitled to a 30+ minute period. |
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| New York |
Employees working 6+ hours that extend over the noonday meal period (11:00am-2:00pm) are entitled to 30+ minute meal break during that period, which may be unpaid. If the 6+ hour shift starts between 1:00pm and 6:00am the employee is entitled to a 45+ minute meal break midway between the beginning and end of the shift. Employees starting work before 11:00am and continuing until after 7:00pm must be allowed an additional meal period of at least 20 minutes between 5:00-7:00pm. |
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| North Dakota | Employees working more than 5 hours are entitled to a 30+ minute period. |
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| Oregon |
Employees working 6-14 hours are entitled to one 30+ meal break. Employees working 14-22 hours are entitled to two 30+ minute meal breaks. Employees working 22-24 hour shifts are entitled to three 30+ minute meal breaks. |
In addition to unpaid meal breaks, employees working 2-6 hours are entitled to one 10-minute paid rest break. Employees working 6-10 hours are entitled to two 10-minute rest breaks. Employees working 10-18 hours are entitled to four 10-minute rest breaks. Employees working 18-22 hours are entitled to five 10-minute rest breaks. In addition to meal breaks, employees working 22-24 hours are entitled to six 10-minute rest breaks |
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| Rhode Island | Employees are entitled to a 20-minute meal period for 6 hour shifts, and a 30-minute meal period for an 8 hour shift. |
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| Tennessee | Employees working 6+ hours are entitled to a 30+ minute meal break after the first hour of work. |
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| Vermont | Employers must provide employees with a “reasonable opportunity” to eat and use the restroom during work periods. | Employers must provide employees with a “reasonable opportunity” to eat and use the restroom during work periods. | |
| Washington |
Employees who work 5+ hours are entitled to a 30+ minute meal break no less than 2 hours and no more than 5 hours after the start of the employee’s normal workday. An additional 30 minute meal break must be given within 5 hours after the end of the employee’s last meal break, and for every 5 hours thereafter during the work period. |
In addition to unpaid meal breaks, employees must be allowed a paid rest period, free from duties, of at least 10 minutes for every 4 hours worked. Employees cannot work more than 3 hours without getting a rest break. |
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| West Virginia | Employees working at least 6 hours per day or shift are entitled to a meal break of at least 20 minutes. |
Q: Can my employee choose to skip their meal or rest break?
A: In most states, employees who are being given the opportunity to take a break can choose to skip that break. In some states (e.g. California), employees may only skip their meal or rest breaks under certain circumstances. Consult an HR professional or your legal counsel to confirm what break policies you should create for your employees.
Q: Are employees entitled to both meal and rest breaks?
A: Many of the states that require employers to provide breaks will require employers to provide both rest and meal breaks. Consult an HR professional or your legal counsel to confirm what breaks you must provide to your employees.