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Set up and manage Gusto Time tracking (for admins)

Updated 10/20/2025 10:41:43 AM by brynn.flaig@gusto.com
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Summary

Admins can learn how to set up time tracking, manage employee's timesheets and hours, add overtime rules, and set up meal or rest breaks.

Users Intent

 

Context Variations

 

Content

With Gusto Time tracking, you can track, review, and approve your US-based team’s hours in Gusto and then run regular payroll as usual—it’s all automatic. For now, time tracking hours only sync to regular and dismissal payrolls.

Admins can also: 

  • Set up time tracking for projects.
  • Request that employees share their location when clocking in and out. 
  • Turn any company device that's connected to the internet into a central station (kiosk) for your employees to clock in and out.
  • Review and manage non-US employee timesheets in Gusto.

Gusto Time Tracking is included in the Plus, Premium, or Time & Attendance Plus Simple add-on plans—you can upgrade at any time. 

Set up Time tracking

Gusto Time tracking is available to hourly employees, salaried employees, and U.S.-based contractors paid by the hour. Time tracking for international contractors and commission-only employees is not supported at this time. 

Time tracking hours will be recorded by the minute and hour an employee clocks in. 

Important: All overtime-eligible employees must be assigned to an overtime policy before you can start using time tracking. 

First: Enable Time tracking

  1. Sign in to Gusto.
  2. Click the Settings section on the left-hand side.
  3. Select the Customization tab.
  4. Click edit next to Time tracking.
  5. Toggle to Enabled.
  6. Click Save.

Next: Set up Time tracking

  1. Click the Time & Attendance section and select Time tracking.
  2. Click Set up Time Tracking.
  3. The workweek in Time tracking corresponds with your pay schedule. To change the workweek, you'll need to update your pay schedule. Make sure your pay schedule is set up in arrears, a requirement for this feature. 
    • If you need a new pay schedule to use Time tracking, click the Image in Gusto to contact us.
  4. All eligible team members will be selected to participate in Time tracking by default. Click into the dropdown to remove anyone you do not want tracking time.
    • Ineligible team members are listed below the dropdown.
    • Gusto Time tracking is available to hourly and salaried employees and U.S.-based contractors paid by the hour. They must also have an email address added to their Gusto profile, which allows them to log in and track time.
      • To give an employee login access, add their email in the People section.
      • For overtime-eligible salaried employees, only overtime hours are synced to payroll.
      • For overtime-ineligible salaried employees, hours are not synced to payroll at all. 
    • Employees, contractors, and managers will get Gusto Time Tracking welcome emails with steps to track their hours.
  5. Click Next.
  6. Choose how you want your team to clock in and out:
    • Your team can clock in and out on their own personal devices, by downloading the Gusto app on their mobile phone, or using a browser to visit Gusto.com.
      • At this time, contractors do not have login access for the Gusto app, but can clock in and out using Gusto.com on their phone or computer. Their access cannot be restricted.
    • If you do not want your team to be able to clock in and out on their own devices, set up a kiosk on-site in the workspace. You can use a tablet or computer as a kiosk and your whole team will be able to use it to clock in and out. 
  7. Customize timesheet settings—from where employees can clock in and out from and whether employees can edit their timesheets.
    • If you do not want employees to be able to make changes to their own timesheets, toggle the “Employees can edit timesheets” to Disable. They'll now have to ask their manager or admin to make any changes.
      • Due to their legal categorization, contractors can always view and edit their timesheets by logging into Gusto.com. Their edit access cannot be restricted. 
    • If enabling employee edits, check the box if you'd like to require employees to leave a note explaining changes made to their hours.
    • Check the box if you want to see an alert on time entries where edits have been made. Edit alerts will also show the option to view the version history of that time entry.
      • This will automatically be checked if you also require a note for making changes.
  8. If you're operating in a state with break requirements, we'll ask you to set up your team's break policies and give you some suggestions (based on your state's laws). You can learn more about meal and rest breaks here. 
    • Break requirements help you stay compliant by flagging violations for admin review. We recommend adding anyone employed in a state with break laws.
      • We'll add some suggested policies based on the states you're in.
      • Click the X if you want to clear the suggestions, or click Add a policy to add your own.
    • Click Review & add to review or edit meal and rest break details like those below. When you're ready, you can click Create policy to save the details. 
      • Policy nickname
      • People assigned to the policy
      • Meal and break rules
      • Is it a paid, or unpaid, break?
      • Do you want to skip breaks for shorter shifts?
    • Click Skip break policies if you want to skip the set up of them for now. 
  9. When all break policies look good, click Next.
  10. Set an overtime policy for your business.
    • Gusto may suggest a policy (or set of policies) for your business, based on the work addresses added to your overtime-eligible employees’ profiles.
    • The suggested policies are based on general state and federal overtime laws. Exceptions exist, so double-check the laws in your jurisdiction to make sure the policy applies compliantly to your situation.
    • All overtime-eligible employees in time tracking must be assigned to an overtime policy before you can start using time tracking. 
  11. Click Save and finish set up.

Reminders

  • To keep the time tracking feature (and related tools like project tracking) active, at least one team member must stay enrolled at all times.
  • To check or change your workweek start day after setup, go to the Pay section, then choose Pay settings. From there, go to the Pay schedule section.
Add and assign overtime policies

Admins with the required permissions can edit overtime policies—make sure to review your state's over time laws before creating overtime policies.

Important reminders

  • Changes to overtime policies take effect during the current workweek and apply to the entire workweek. For prior workweeks, we'll use the overtime settings that were in effect during that workweek.
  • If you're using Gusto Time Tracking and change your start of your workweek (used in overtime calculations), the change will begin with the next pay period.
    • The current pay period will still use the old workweek to figure out overtime. The new setting will only apply to future pay periods.

Overtime policies

  • Weekly overtime: After working this number of hours in a workweek starting on the workweek (calculated using the workweek start date set under your Pay settings), an employee will be paid at a weekly overtime rate of 1.5x their regular hourly wage for additional hours worked.

     

  • Daily overtime: After working this number of hours in a workday, an employee will be paid at a daily overtime rate of 1.5x their regular hourly wage for additional hours worked.
  • Daily double overtime: After working this number of hours in a workday, an employee will be paid at a daily double overtime rate of 2x their regular hourly wage for additional hours worked.
  • 7th consecutive day overtime: Upon working the 7th consecutive day of work in a workweek (calculated using the workweek start date set under your Pay settings), overtime is earned at 1.5x an employee’s regular hourly wage for additional hours worked.

Add overtime policies

  1. Sign in to Gusto.
  2. Click the Time & Attendance section and select Time tracking.
  3. Click Settings & policies in the top-right corner.
  4. On the General tab, find the “Overtime policies” section. 
    • Click edit to change the existing rules.
    • Click Create new overtime policy to add new policies.
  5. Add a nickname for the set of policies.
  6. Choose the team members to assign to the policy.
  7. Specify the overtime policy.
  8. Click Create policy.

Assign overtime rules to employees

If you have overtime-eligible employees in states with different overtime rules, follow the steps below to assign them the appropriate set of rules.

  1. Sign in to Gusto.
  2. Click the Time & Attendance section and select Time tracking.
  3. In the upper-right corner of the screen, click More.
  4. Choose Settings & policies.
  5. On the "General" tab, scroll down and review the “People assigned to time tracking” section. Click Add or remove people.
  6. If needed, you can add or remove people from time tracking:
    • To remove someone: Under "Time tracking team members," find the team member and click the x next to their name.
    • To add someone: In the "Search for a team member..." search bar, start typing their name and select them. 
  7. The next page is where you'll assign each person's policy. Click Next.
  8. For each team member, select the overtime policy that should apply to them.
  9. Click Save.
Multiple pay rates with Gusto 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

  • Total hours: 20

Rate 2: $15/hr

  • Total hours: 30

Total hours earned at overtime*

  • Overtime hours: 5

Total hours earned at double overtime*

  • Double overtime hours: 5

*Hours earned at overtime/double overtime of the total 50 hours worked.

Rate 1: $10/hr

  • Regular hours: 16
  • Overtime hours: 2
    • Reference: Explanation A
  • Double overtime hours: 2 
    • Reference: Explanation B

Rate 2: $15/hr

  • Regular hours: 24
  • Overtime hours: 3
    • Reference: Explanation C
  • Double overtime hours: 3
    • Reference: Explanation D

Total hours confirmation

  • 50
    • Reference: Explanation E

Explanations for Column B

A: Overtime hours at Rate 1

Use the ratio of hours worked at each rate to allocate across rates. Inputs come from Column A.

  • The equation: {(Hours at Rate 1) / [(Hours at Rate 1) + (Hours at Rate 2)]} x Total overtime hours
  • The math: [20 / (20 + 30)] x 5 = 2 hours

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.

  • The equation: {(Hours at Rate 1) / [(Hours at Rate 1) + (Hours at Rate 2)]} x Total double overtime hours
  • The math: [20 / (20 + 30)] x 5 = 2 hours

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.

  • The equation: (Total overtime hours) - (Overtime hours at Rate 1)
  • The math: 5 - 2 = 3 hours

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.

  • The equation: (Total double overtime hours) - (Double overtime hours at Rate 2)
  • The math: 5 - 2 = 3 hours

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

Employee Timesheet settings and version history

Admins with the required permissions can configure their timesheet settings to:

  1. Specify which devices/locations employees can clock in/out from:
    • Time Kiosk—if you have multiple Kiosks set up, you cannot restrict employees to a specific Kiosk.
    • Gusto mobile app 
    • Web (Gusto.com) 
    • (At least one of the above must be selected)
  2. Disable or enable the ability for employees to edit their timesheets.
    • If timesheet editing is enabled for employees, admins can also choose to require a reason/note from employees when editing.
    • Admins and managers will always be able to view and edit timesheets.

These settings apply to all employees on Time tracking—different rules cannot be applied to different employees.

Set up Timesheets
  1. Sign in to Gusto.
  2. Click Time & Attendance and select Time tracking.
  3. Click Settings & policies in the top-right corner.
  4. Select the Timesheets tab.
  5. Click edit.
  6. Specify where employees can clock in/out from, and/or whether employees can edit their timesheets.
  7. Click Submit.
View Timesheet version history

The version history shows various events which represent changes to shifts on different workdays for that timesheet. It'll show the editor's name, the timestamp of the change, and a description of the change, including:

  • Added or deleted hours
  • Changed shift start or end time
  • Clocked in or out
  • Added, changed or removed break
  • Started or ended a break
  • Changed job
  • Added, changed, or removed project
  • Added, changed, or removed task

You can also sort the version history for a given workday by the time at which the edit was made (by default, you'll see the oldest edit to newest).

View Timesheet version history

  1. Sign in to Gusto.
  2. Click Time & Attendance and select Time tracking.
  3. In the "Open employee timesheets" section, click View for active pay periods or View & sync for past pay periods.
    • Only the first three open timesheets will display by default. If the timesheet you’re looking for is not visible, select View more.
      • “Open timesheets” are timesheets for pay periods where payroll has not been run yet. Once a payroll has been processed, the associated timesheet will be removed from this list. 
      • To view past timesheets where payroll has already been run, click View timesheet history and select the pay period from the dropdown.
  4. Click View timesheet and scroll to the bottom of the timesheet. Click the “Version History” header.
Manage employees using Gusto Time tracking

Once you've set up Gusto Time tracking, admins can add and remove employees, and change their assigned overtime policy (if they are overtime-eligible). For information on how employees enter hours, go to this article.

Add or remove employees

To keep the time tracking feature (and related tools like project tracking) active, at least one team member must stay enrolled at all times.

  1. Sign in to Gusto.
  2. Click the Time & Attendance section and select Time tracking.
  3. Click Settings & policies in the top-right corner.
  4. On the General tab, find the “People assigned to time tracking” section and click +Add or remove people.
  5. To add or remove an employee from Gusto Time tracking:
    • To add an employee: Click into the “Time tracking team members” dropdown and select the person you want to add. You can start typing their name to search through all eligible team members.
      • Only hourly contractors and non-exempt (eligible for overtime) employees with a Gusto login are eligible—these can be non-exempt hourly or salaried employees.
        • Ineligible team members are listed below the dropdown. 
      • If an employee is enrolled after a pay period has already passed, Time Tracking will be available to them after the next pay period has started.
    • To remove an employee: Click the x next to their name.
      • For employees on payroll, removal will take effect on the following pay period—they'll remain on the timesheet until the current pay period ends.
      • Reminder: To keep the time tracking feature (and related tools like project tracking) active, at least one team member must stay enrolled at all times.
  6. Click Next.
  7. Assign an overtime policy (required for overtime-eligible employees) and a break policy (optional) to any new employees.
  8. Click Save.

Once an employee has been added, they'll be able to track time, and edit their hours if allowed. 

Review, edit, approve, decline, and sync Gusto Time tracking hours
  1. Sign in to Gusto.
  2. Go to the Time & Attendance section and select Time tracking.
  3. In the "Open employee timesheets" section, select View for active pay periods or View & sync for past pay periods.
    • Only the first three open timesheets will display by default. If the timesheet you’re looking for is not visible, select View more.
    • "Open Timesheets" are timesheets for pay periods where payroll has not been run yet. Once payroll has been run for a pay period, the timesheet will be removed from this list. To view past timesheets where payroll has already been run, click View timesheet history and select the pay period from the dropdown.
  4. Employees' total hours will appear for review. Click View timesheet for more detail about the time reported or to make any edits.
    • To make an edit:
      • Scroll to the day that needs hours changed and select Edit.
      • Make necessary edits.
      • Click Save.
  5. Toggle to Approved when hours are confirmed. This can be done in the top-right corner of the employee pay period view, or from the main page.
    • To approve all hours at once, click Approve all timesheets on the top-right of the "My Team's Hours" page.
    • View edits made to an employee's hours by scrolling to the bottom of the pay period's hours and clicking the "Version history" dropdown.
    • Important: Approving hours will prevent any further editing by everyone, including employees, managers, and admins.
  6. Select Sync hours to payroll when all hours have been confirmed and approved.
    • You can un-sync, edit, and re-sync hours until payroll has been run.
    • To change approved hours in Time tracking, you must un-approve the hours, edit them, and then re-approve them. Edited hours can be re-synced, and the new value will overwrite the old value in payroll.
    • Synced hours will automatically be reflected in the workweek breakdown by workweek when required. 
    • There are two ways to sync approved timesheets to payroll:
      • Click Sync hours to payroll or Sync hours and go to payroll.
      • If you have permissions to run payroll, click Sync hours from approved timesheets from the alerts on the top.
    •  For salaried, overtime-eligible employees, only overtime hours will sync.
    • For salaried, overtime-ineligible employees, no hours will sync.

When you go to run payroll, all overtime-eligible employees' synced hours will appear. If you need to edit hours from the Run Payroll flow, you can do so, but it is not recommended because they will not be updated in the time tracking log for you or the employee.

Set up meal and rest breaks for Gusto Time tracking

Several states require that employees be given an unpaid meal break and paid rest breaks after working a certain number of hours each day. Make sure to check your state laws before creating break policies.

  • Administrators with the required permissions can set up meal and rest breaks in Gusto. 
  • If Time tracking is not part of your Gusto product plan, upgrade at any time.
  • Meal and rest break rules only apply to overtime-eligible employees, not contractors or overtime-ineligible employees.
  • Meal and rest break policies in Gusto are designed to help with compliance. If you have a policy in place, missed breaks will be flagged on assigned team members’ timesheets.
    • Extra breaks are not flagged. 

Note: Gusto supports paid and unpaid breaks. You’ll see an alert on employee timesheets when they've reported too many hours worked without a break.

Meal breaks, rest breaks, break premiums, and FAQs

Meal and rest breaks serve different purposes.

  • Rest breaks are usually short (under 20 minutes) and paid, so they count toward overtime.
  • Meal breaks have different rules and penalties if missed, which vary by state.

Key points

Use these basics to understand your obligations.

  • Rest breaks: Short, paid, and generally count as working time.
  • Meal breaks: Separate from rest breaks. States set their own rules and penalties for missed meal breaks.
  • Regular rate of pay: This includes the base hourly wage plus extra pay that is part of regular earnings, such as commissions and guaranteed non-discretionary bonuses.

State examples (for illustration only)

Rules vary by state (and in some places, by city or county). Always confirm your local requirements.

  • California
    • Rest breaks: California requires a paid 10-minute rest break for employees who work 3.5 hours or longer.
    • Penalty for missed rest or meal break: If you fail to provide a required rest or meal break, you must pay the employee a break premium of one additional hour at their regular rate of pay.
  • Colorado
    • Rest breaks: Colorado requires a paid 10-minute rest break for each 2–6 hours worked, a second for 6–10 hours, a third for 10–14 hours, and so on for each additional four hours of work.

What “break premium” means and when to pay it

A break premium is extra pay you owe when a required break does not happen (involuntarily skipped, delayed, shortened, or interrupted).Pay a break premium when a required meal or rest break was missed.

If you add break premiums to a policy, they're are automatically calculated and will appear on employee timesheets. Premium hours are synced to payroll with all timesheet hours.

Example of California break premiums

  • Amount: 1 hour at the employee’s regular rate of pay.
  • Applies to: Each missed meal break or rest break.
  • Daily limit: Maximum 2 hours of break premium per workday
    • If more than two breaks were missed in the same workday, you still pay no more than 2 hours of break premium for that day.

Compliance note

Rest and meal break requirements vary by state and sometimes by city or county. Consult specialized employment counsel to confirm the rules that apply to your company.

FAQs

Q: Can an employee choose to skip a meal or rest break?

A: In many states, if you provide a break, employees may choose to skip it. In some states, such as California, employees may skip breaks only under certain conditions. Ask your HR professional or legal counsel which policy you should use.

Q: Do employees get both meal and rest breaks?

A: Many states that require breaks expect employers to provide both. Confirm your exact obligations with your HR professional or legal counsel.

States with meal or break requirements

Consult an HR professional or your legal counsel to make sure you're meeting the requirements applicable to your company. When you're ready, learn how to set up breaks in Gusto.

This table 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 Jun 2025

State Meal break requirements Rest break requirements

Additional notes

Missed break premiums, exempted industries, 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

  • Meal breaks may only be waived if the employee works less than 6 hours in a workday. 
  • A second meal break may only be waived if the first meal break was not waived and the total hours worked is not more than 12.
  • There are some exempted industries.
  • If you fail to provide a required meal or rest break, you must pay the employee a break premium: one additional hour of pay at the employee’s regular rate for each missed break.
    • The law limits break premium pay to two hours per workday.
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 period as follows:

  1. One rest period for 2-6 hours of work.
  2. Two rest periods for 6-10 hours.
  3. Three rest periods for 10-14 hours.
  4. Four, five, or six rest periods for work periods of 14-18, 18-22, or 22+ hours.

Required rest periods count as working time.

  • There are some exempted industries.
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.

 
  • There are some exempted industries.
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.

 
  • There are some exempted industries.
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 20-minute meal break for every 4.5 continuous hours worked.

 
  • There are some exempted industries.
Kentucky Employees are entitled to one unpaid meal break of 30+ minutes as close to the middle of their shift as possible, but not less than 3, or more than 5 hours after their shift begins.

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.

  • The requirement does not apply to collective bargaining agreements.
  • There are some exempted industries.
Maine Employees are entitled to an unpaid meal or rest break of 30+ minutes if working 6+ hours. Employees are entitled to an unpaid meal or rest break of 30+ minutes if working 6+ hours.
  • The requirement does not apply to collective bargaining agreements.
  • There are some exempted industries.
  • The rest break requirement does not apply where both:
    • Less than 3 employees are on duty at any one time.
    • Operations allow employees frequent, shorter paid breaks during the workday.
Maryland Employees in certain retail establishments working 6+ hours are entitled to a 30+ minute meal break.  
  • Only applies to certain retail establishments with 50+ employees.
  • There are some exempted industries.
Massachusetts Employees are entitled to a break of 30+ minutes if working 6+ hours.  
  • Employees may voluntarily waive the meal break, but any waiver agreement should be in writing.
Michigan

There are no requirements for breaks, meal or rest periods for employees 18 years of age or older.

Employees under the age of 18 may not work more than five hours without a documented 30-minute uninterrupted break.

Daily time records should reflect the starting and ending of shifts as well as the 30-minute uninterrupted break.

  • Michigan Labor and Economic Opportunity FAQs
    .
Minnesota Employees working 8+ hours are entitled to 30+ minutes for a meal break.  
  • The requirement does not apply to collective bargaining agreements.
Nebraska Employees in certain industries working 8+ hours are entitled to 30+ minutes for a meal break.  
  • Only applies to employees working in assembly plants, workshops, or mechanical establishments.
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 lasting more than 6-10 hours.

These rest periods must be counted as hours worked and are compensable.

  • Employees may voluntarily waive the meal break, but any waiver agreement should be in writing.
  • The requirement does not apply to collective bargaining agreements.
New Hampshire Employees working more than 5 hours are entitled to a 30+ minute period, unless it's feasible for employees to eat while working and the employer allows them to do so.  

If an employee works while eating, the meal period must be paid.

 
  • Employees may voluntarily waive the meal break, but any waiver agreement should be in writing.
New York

Employees working 6+ hours that extend over the noonday meal period (11:00am-2:00pm) are entitled to a 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.

 
  • Factory workers have different requirements. 
  • Timing requirements may vary depending on when the shift starts.
North Dakota Employees working more than 5 hours are entitled to a 30+ minute period. Employees starting work before 11 AM and continuing until after 7 PM must be allowed an additional rest period of 20+ minutes between 5:00–7:00pm.
  • Applies when there are 2+ employees on duty.
  • Employees may voluntarily waive the meal break, but any waiver agreement should be in writing.
  • The requirement does not apply to collective bargaining agreements.
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.

  • The requirement does not apply to collective bargaining agreements. 
  • There may be extreme situations where an employer is not required to give a meal break.
  • When calculating whether a meal break is due, the unpaid 30+ minute meal break does not count as part of the work period, provided that the employee was free to take the break and was relieved from their duties.
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.  
  • There are some exempted industries.
Tennessee Employees working 6+ hours are entitled to a 30+ minute meal or rest break after the first hour of work. Employees working 6+ hours are entitled to a 30+ minute meal or rest break after the first hour of work
  • Employees in certain industries may voluntarily waive the meal break, but any waiver agreement should be in writing.
  • There are some exempted industries.
Vermont Employers must provide employees with a “reasonable opportunity” to eat during work periods. Employers must provide employees with a “reasonable opportunity” to use the restroom during work periods.
  • Rule applies to meal and restroom breaks.
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 10+ minutes for every 4 hours worked. Employees cannot work more than 3 hours without getting a rest break.
  • Employees may voluntarily waive the meal break, but waiver agreements should be in writing.
  • There are additional meal break requirements during overtime hours.
West Virginia

Employees who work 6+ hours per day, or shift, are entitled to a 20+ minute meal break.

   
Set up meal and rest breaks

Add a break policy in Gusto

You can add a break policy in Gusto and assign it to your team. Gusto may suggest a policy based on where employees work, but laws can vary. Always confirm local rules.

Review these items so you set up the right policy.

  • Check local laws. State, city, or county rules may apply.
  • California note (compliance): If you have non-exempt, overtime-eligible employees in CA, we'll show a suggested CA break policy with an option to track break premium hours in timesheets.
  • Decide your approach. Use a suggested policy or create your own.

Set up a break policy in Gusto:

  1. Sign in to Gusto.
  2. Go to Time & Attendance and click Time tracking.
  3. In the top right, click Settings & policies.
  4. On the General tab, find Break policies.
  5. Choose a suggested policy or select Add to create your own.
    • Talk to your legal team or HR before giving a new policy to employees. They can help make sure the policy follows the law.

What happens next

After you assign a break policy to employees:

  • Time Scheduling will auto-add required breaks to assigned shifts.
    • You can edit breaks for a specific shift if needed.
  • We'll add an alert on timesheets when an employee reports too many hours worked without a break.

How to create and customize your own break policy

  1. Click Add a break policy.
  2. Add a nickname for the break policy.
  3. Choose the team members you want to assign to the policy.
  4. Enter the meal break rules for non-exempt employees based on your state laws:
    • Length of break in minutes
      • For every [X] hours and minutes worked
    • Is the break paid? Yes or no.
    • Should the break requirement be skipped for shorter shifts?
      • Check your state and local break laws to make sure this is allowed in your area. 
  5. Enter the rest break rules for non-exempt employees based on your state laws:
    • Length of break in minutes
      • For every [X] hours and minutes worked
    • Is the break paid? Yes or no.
    • Should the break requirement be skipped for shorter shifts?
      • Check your state and local break laws to make sure this is allowed in your area.
  6. Prevent the team from ending breaks early:
    • Set up allowable clock-in times (optional)
      • You can set time limits for when someone is allowed to clock in or out before or after a break.
    • Add a 4-digit kiosk override PIN (optional).
      • Share this PIN with managers, admins, and shift leads.
  7. Let us know if you need to pay break premiums for missed breaks:
    • Yes - pay employees a premium for break policy violations.
    • No - do not pay employees a premium for break policy violations.
  8. Click Create policy.
Edit or delete a break policy

Changes you make to break policies will take effect the same day, and do not apply retroactively.

Edit a break policy

  1. Sign in to Gusto.
  2. Click the Time & Attendance section and select Time tracking.
  3. Click Settings & policies in the upper-right corner.
  4. On the General tab, find the “Break policies” section.
  5. Click Edit next to the break you want to make changes for.
  6. Make changes and click Save.

Delete a break policy

  1. Sign in to Gusto.
  2. Click the Time & Attendance section and select Time tracking.
  3. Click Settings & policies in the upper-right corner.
  4. On the General tab, find the “Break policies” section.
  5. Click Edit next to the break you need to delete. 
  6. At the bottom, select Delete this break policy. 
  7. Click Delete policy and unassign from [X] people.
Handle overnight shifts

Currently, shifts that go past midnight are not supported. If a worker does not clock out of a shift before midnight, Gusto automatically ends the shift at 11:59:59pm and starts a new shift at 12:00:00am that'll end once the employee clocks out.

For example, if an employee works an overnight shift from Thurs 10pm - Fri 2am, the shift will appear as two shifts in Gusto:

  • One shift on Thurs from 10pm - 11:59pm
  • A second shift on Fri from 12am - 2am

If an employee forgot to clock out, you can edit hours manually in the Time tracking tab. 

Add contractors to Gusto Time tracking

U.S.-based contractors must have an hourly rate (rather than a fixed wage) assigned to use contractor time tracking. Multiple rates for U.S.-based contractors are not supported. Time tracking for international contractors is not supported at this time. 

This feature is available on Plus, Premium, or Time & Attendance Plus Simple add-on plans—you can upgrade at any time. Keep in mind that this feature is not available on the Contractor Only plan type.

  1. Sign in to Gusto.
  2. Click the Time & Attendance section and select Time tracking.
    • If you’re new to Time tracking, click Set up time tracking to be guided through the setup process, including adding contractors to track their time.
  3. Click Settings & policies in the top-right corner.
  4. On the General tab, find the “People assigned to time tracking” section and click + Add or remove people.
    • Click into the “Time tracking team members” dropdown and select the contractor you want to add. You can start typing their name to search through all eligible team members.
      • Only hourly contractors are eligible for time tracking.
      • Ineligible team members, including any ineligible contractors, are listed below the dropdown.
  5. Select the person.
  6. Click Next.
  7. Click Save.

Contractors added will be able to clock in and out, or manually enter their hours right from their Gusto account, or from a Kiosk if you have set one up. 

Sync contractor hours to contractor payments
  1. Sign in to Gusto.
  2. Click the Time & Attendance section and select Time tracking.
  3. Scroll to the "Contractor timesheets" section.
  4. Click View & sync.
  5. Select the date range you’d like to pay your contractors for.
  6. Click View timesheet to review the hours or make any changes.
  7. Once reviewed, click Sync hours to payments.
    • This will send the total hours reported by your contractors to the Pay contractors tab for payment.
  8. Once in the Pay contractors section of your account, you can begin processing payment(s).
Dismissing team members who use Gusto Time Tracking
  • Dismissed employees’ time tracking hours move to an off-cycle pay period labeled “off-cycle.” You can find this on your time tracking dashboard or in the dropdown above your team's timesheets.
  • Admins and managers can still review, edit, and approve these hours.
    • Admins can sync the dismissed workers' timesheets to a dismissal payroll by selecting Sync hours to payroll and Sync hours and go to payroll.
    • Managers can review hours, but will not see anything about the dismissal.
  • Employees can view and confirm their timesheet until their last day. After their last day passes, Gusto shows any changes to their timesheet.
Turn off Gusto Time tracking

Disabling Gusto Time tracking will affect all employees enrolled. If you're looking to remove an employee from time tracking, follow the steps in the manage employees dropdown above.

  1. Sign in to Gusto.
  2. Click the Settings section on the left-hand side.
  3. Click the Customization tab.
  4. Scroll to the Time tracking headline and click edit.
  5. Toggle to disabled. 
  6. Click Save. 
FAQs

Q: Will employees, contractors, and managers be notified about deadlines to enter time?

A: Here are the reminder notifications different users get:

  • Employees get an email on the final business day of the pay period (usually in the afternoon) reminding them to enter time.
  • Contractors get an email every Friday afternoon reminding them to enter their time.
  • Managers get an email the business day after the pay period ends, reminding them to review hours.

Q: Can I use Gusto Time Tracking and Autopilot together?

A: Gusto recommends not using these features together to allow time for managers and admins to review and approve hours before processing payroll.

Q: How will Gusto Time Tracking affect an employee’s default hours?

A: Time Tracking will overwrite the default hours with the clocked hours. 

Q: Can my employee choose to skip their meal or rest break?

A: In most states, employees who are provided the opportunity to take a break can choose to skip that break. In some states (ex. 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.

Q: Can hours for the future be entered in?

A: Not at this time.

Keywords: Gusto Time Tracking Track employee time time tracking rest break period delete rest set up time tracking timesheets meal break review edit approve decline sync time tracking hours overtime rules

Related Solutions

  • Add new employees to Gusto
  • Review, edit, and approve Gusto Time tracking hours (for managers)
  • Set up and manage Gusto Time Scheduling (for admins)
  • Overtime hours and pay
  • Time Kiosk for time tracking (for admins)
Solution ID
112700542100000
Last Modified Date
10/20/2025 10:41:43 AM
Attributes
Gusto Attributes
  • Role: Employers; Accountants/Partners
  • Category: Time tools
  • Plan type: Complete; Concierge
  • Who brokers my benefits?: A third party; Gusto
Taxonomy
  • Employers and admins > Time & Attendance > Time tracking
Collections
  • Admins
  • External
  • Support Agent

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