Updated January 23, 2024
Under the federal Fair Labor Standards Act (FLSA), employers are not required to provide meal or rest break periods to employees. However, some states do have laws in effect dictating when and how often an employee should receive a break, as well as whether these breaks are paid or unpaid. In this article, we discuss meals and rest break laws state by state.
First, some background:
Breaks Less Than 20 Minutes Should be Paid Per Federal Law
When employers provide employees rest breaks that last 20 minutes or less, federal law requires that those breaks be paid. Additionally, that time must be used in the total number of hours worked during a workweek to determine if the employee worked overtime.
Breaks 30 Minutes or Longer Can be Unpaid in Most Circumstances
By contrast, meal breaks that last 30 minutes or more can typically be unpaid if the employee is relieved of all work duties.
The New York Times reports that nearly two-thirds of American workers eat lunch at their desks. If an employee is not relieved of work duties (i.e., is eating at their desk while working), they should not be required to take an unpaid meal break.
Does Your Timekeeping System Automatically Clock Employees Out for Lunch?
Unfortunately, a timekeeping practice that automatically clocks out an employee for lunch can create problems for employers. If your time and attendance system automatically clocks employees out for lunch, even those who are still working, that puts you at risk.
It is also a problem if your employee does take a lunch break, but continues to be responsible for work-related tasks. In this situation, employees must be paid for their meal breaks.
Not tracking breaks or lunch properly is a common off-the-clock work violation and can be very costly. It puts you at risk for a lawsuit, and DOL penalties. All of these affect your bottom line and hurt employee relations. If you are still using an old-fashioned punch clock, considering upgrading to a clock that tracks breaks.
In states like California that require meal and rest breaks, it becomes extremely expensive for employers who do not follow break laws.
Make Sure Employees and Managers Know the Laws
It’s crucial to make sure that employees and managers understand break expectations. However, some employees will still feel pressure to clock out and continue to work. Therefore, it is just as important to make sure that employees and managers understand that properly tracking work time is just as important.
Every state has varying employer requirements. Some states have expansive break requirements, while others are minimal.
Employers who use time and attendance software can properly track employee breaks per state law. These employers can also provide longer unpaid breaks.
Alabama Meal & Rest Breaks
Alabama only has break requirements for minor employees. Employers must give employees ages 14 and 15 a 30-minute rest during a shift of 5 hours or more.
Any break that is less than 30 minutes isn’t considered an interruption from work.
Alaska Meal & Rest Breaks
Alaska only has break requirements for minor employees. An employee 17 years or younger who works 5 consecutive hours and will continue to work must be allowed at least a 30-minute unpaid meal break. The break must occur after the minor’s first hour and a half of work and before the start of the last hour of work. Breaks 20 minutes or less may be unpaid.
Alaska Department of Labor & Workforce Development
Arizona Meal & Rest Breaks
Arizona does not require private employers to provide meal or rest breaks to employees. Federal law applies.
Industrial Commission of Arizona
Arkansas Meal & Rest Breaks
Arkansas does not require either rest or meal breaks for employees over the age of 16, with the exception of lactating mothers. If the employee is relieved of working, then the employer does not have to pay for the break time. However, the employee must be free to leave their workstation. Rest breaks of 20 minutes or less counts as time worked.
The lactation break law requires employers to provide reasonable unpaid break time throughout the workday to lactating employees. They also must have a private place to express breast milk near their work area that is not a restroom stall.
Those under the age of 16 who work in the entertainment industry must be given rest breaks.
Arkansas Department of Labor and Licensing
California Meal & Rest Breaks
California law requires multiple breaks for employees. These breaks include meal breaks, rest and recovery breaks, and breaks for employees paid on commission. State law also requires a day of rest break. Plus, individual California cities have additional rest break laws.
California Meal Breaks
In California, employers must provide 30-minute unpaid breaks to nonexempt employees who work at least 5 hours per day. If the employee works 6 or fewer hours, then the employer and employee can agree to waive the break if both parties provide written consent.
When an employee works 10 hours in a day, the employer must provide a second 30-minute unpaid meal break. If the total workday is less than 12 hours, then the employee can waive the second meal break. This requires written mutual consent of both the employer and the employee.
Employers Who Fail to Provide Breaks Must Pay for Additional Work Time
If an employer fails to provide the required meal periods, then they must pay the employee an additional hour of pay for each workday without a break. The pay must be the employee’s regular rate.
This means that if a $15/hr employee works 7 hours and misses their meal break, they must be paid an extra $15 for the missed break.
Employees who work in healthcare and work more than 8 hours can voluntarily waive one of their two meal breaks. The waiver must be a written document voluntarily signed by both the employee and the employer. In addition, the employee can revoke the waiver at any time with one day written notice. While the waiver is in effect the employer must pay the employee for all work time.
- 5+ hours – 30-minute unpaid break
- 6 hours – Break can be waived by mutual consent
- 10+ hours – Two 30 minute breaks in the shift
- 12 hours – The second break can be waived by mutual consent
- Healthcare employees can waive their second meal break if working more than 8 hours
The California Supreme Court has issued clarifications regarding California meal and break law. For example, although an employer is obligated to provide meal breaks and to relieve employees of work duties, the employer is not obligated to ensure no work is done.
Additionally, any work done by an employee during a meal break, who has been relieved of work, does not create a liability for premium pay. Remember that California requires premium pay if the employer denies meal breaks.
Thus, if an employee is relieved of work duties for a meal break and the employee still does work, then the employer is not required to pay the premium. However, the employer could still be responsible for paying the employee at their regular rate of pay. The employer is only liable to pay when they knew or reasonably should have known the employee was still working during the meal break.
Further, meal breaks should fall no later than 5 hours into a shift, but do not have to be scheduled at 5-hour increments.
California Rest Breaks
In California, employers must allow nonexempt employees to take a rest period. The rest must be in the middle of the shift, if possible. Employees must get 10 consecutive minutes for a break every 4 hours. If the employee works a fraction of a shift that is 2 hours or more, then they must receive a break.
Any employee who works 3 ½ hours or more must receive a break. Rest breaks are counted as work and the employee must be paid for the rest time. Even though rest periods are paid time, employers cannot require the employee to stay on work premises. The employee must be relieved of all work-related activities during the break. On-call rest periods are generally prohibited.
It’s important to note that rest periods must be 10 minutes. This means that the rest period starts when the employee reaches the rest period. Employers must provide a break area that isn’t a restroom.
Additionally, employees working in extreme weather conditions are required to receive an additional 5-minute recovery period in a protected environment.
California Commission Employee Breaks
Employers must provide commission employees with a separate pay schedule for rest periods. As part of an employee’s commission agreement, the commission-based compensation plan must include a separate pay for rest periods. Otherwise, the plan doesn’t comply with state law.
If employers track hourly work by commission employees and pay an hourly wage that is an advance on the commission earned later, this is in violation of the law if rest periods are part of the “advance of wages.” paid.
California Day of Rest Requirements
In California, employees are entitled to one (1) day of rest every seven (7) days. The California Supreme Court has defined this as one day every work week.
An exception to this rule is for employees who do not work more than 30 hours in the week and no more than 6 hours in a single day.
The Day of Rest requirements allows employees to work longer than 6 consecutive days as long as the consecutive days roll over into another work week.
San Francisco Lactation Accommodation
Mothers must be allowed a “reasonable time” to express breast milk. The break time must run concurrently to any other rest breaks to which the employees are entitled. Any extra time that the employee needs does not have to be paid time.
Employers must provide a lactation location close to the employee’s work area. That area must be separate from the restrooms. The area must include a refrigerator and a sink with running water. It can be in the same location as the employee’s work area and must be free from intrusion from coworkers and the public.
Supreme Court Rules on Employer Meal and Rest Breaks
California Department of Industrial Relations
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Colorado Meal & Rest Breaks
Colorado requires that employers provide at least a 30-minute meal break to employees who work 5 hours or more. The meal break can be unpaid if the employee is relieved of all work-related activities. Employees must be allowed to pursue personal activities during this time.
If the employee eats their meal while being responsible for any work activities, then the employer must pay the employee for the break.
Rest Breaks
Employers in certain industries must allow a 10-minute break for every 4 hours worked. If possible, the rest breaks should be during the middle of the employee’s shift. These industries include:
- Retail and Service Occupations
- Occupations with Food and Beverages
- Health and Medical Occupations
- Commercial Support Services
In Colorado, certain employees are exempt from rest break requirements. Administrative, executive, supervisory, professional and outside sales employees are exempt from rest break laws. In addition, property managers, interstate drivers, and driver helpers are exempt.
Colorado Department of Labor and Employment
Connecticut Meal & Rest Breaks
Employers must provide non-exempt employees meal breaks of no less than 30 minutes if they have worked for 7½ or more consecutive hours. Exemptions apply in certain circumstances.
Connecticut does not have laws governing shorter break periods, so federal law applies.
Connecticut Department of Labor
Delaware Meal & Rest Breaks
Delaware requires at least 30 minutes for a meal break any time an employee works at least 7.5 hours in a day.
The meal break must happen after at least the first 2 hours of the shift and before the final 2 hours of the shift.
Meal breaks can be unpaid time, but the employer must relieve the employee of all work activities and the time must be uninterrupted.
There are several exceptions to Delaware law. Under these exceptions, employers must allow employees to eat at their workstations and to use the restrooms as needed.
Exceptions to Delaware Break Laws
- Compliance with the break requirement would adversely affect public safety.
- Only the employee can perform the duties of the position.
- An employer has 5 or fewer employees at one location during the shift.
- Urgent conditions require employees to be available to handle operations.
- A collective bargaining agreement is in place.
- An employee works for a local school board, directly with children.
Any employee under the age of 18 cannot be allowed to work for more than 5 hours continually without at least a 30-minute break.
District of Columbia Meal, Rest, and Nursing Mother Breaks
Washington, D.C. does not require specific meal or break periods, with the exception of nursing mothers. Employers are required to provide a reasonable break time to mothers to express breast milk. This break time can coincide with other breaks provided and can be paid or unpaid. Employers must make efforts to provide a sanitary room in close proximity for the employee to express milk. This room cannot be a toilet stall or restroom.
Employers can be excused from this requirement if doing so would cause an undue hardship on the employer’s operations.
District of Columbia Department of Employment Services
Florida Meal & Rest Breaks
In Florida, minor employees (under the age of 18) cannot work more than 4 consecutive hours without at least a 30-minute break. However, some exceptions may apply.
A barista serves a customer in Miami, Florida. Photo by Jason Briscoe on Unsplash.
Florida Department of Commerce
Georgia Meal, Rest & Nursing Mother Breaks
Georgia law doesn’t require specific meal or rest breaks. However, it does require a break for nursing mothers and an accommodation for religious beliefs.
Employers must provide nursing mothers with unpaid breaks to express breast milk. The employer must make reasonable accommodations to provide a room, which is not a toilet stall, to express milk privately. The break time can run concurrently with other breaks.
If providing breaks to a nursing mother would unduly disrupt the operations of the employer, then the employer is not required to provide the break.
A performer climbs a coconut palm tree at the Polynesian Cultural Center in Laie, Hawaii. Photo by Michal Pechardo on Unsplash.
Hawaii Meal, Rest & Nursing Breaks
Hawaii’s only break laws pertain to nursing mothers and employees ages 14 and 15. Federal law applies to workers ages 16 and over.
Employers must provide at least a 30-minute break for 14- and 15-year old employees who work 5+ consecutive hours. If the employee is completely relieved of all duties, it can be unpaid.
Employers in Hawaii must provide reasonable break time for nursing mothers to express milk for the child’s first year. The employer must provide a break each time the employee needs to express milk, and provide a private location that is not the restroom for the employee to express milk.
Employers must post notice of this law in a conspicuous place and use other means to inform employees of this right. Employers with 20 or fewer employees that can show an undue hardship may be exempt from the requirements of the law.
Hawaii Department of Labor and Industrial Relations
Idaho Meal & Rest Breaks
Idaho does not have any meal or break requirements. Employers in the state follow federal laws.
Illinois Meal & Day of Rest Breaks
Illinois has a meal break requirement and a day of rest requirement.
Employees who work 7.5 hours or more during a shift must be provided with at least 20 minutes of an unpaid meal break. The break cannot be given more than 5 hours after the start of the shift.
Employees under age 16 must receive a break of at least 30 minutes after working 5+ hours.
Employers must provide employees one day of rest in seven (ODRISA). This is defined as 24 consecutive hours of rest in every calendar week.
Exceptions to the Illinois Day of Rest Rules
There are seven exceptions to the day of rest requirement:
- Employees who work fewer than 20 hours a week
- Those needed in the case of a breakdown of machinery or equipment
- Workers needed for an emergency requiring the immediate service of experienced or competent labor to prevent injury to person, damage to property, or suspension of necessary operations.
- Workers in agriculture, coal mining, or canning/processing perishable agricultural products
- Employees who are watchmen (or women) or security guards
- Administrators, executive, and other professional workers.
- Employees working as crew members of uninspected towing vessels operating in waters in or along state boundaries.
Employers can also get permits from the Illinois Department of Labor allowing employees to voluntarily work 7 consecutive days.
Before employers can operate on Sunday, they must post, in a conspicuous place, a schedule listing the employees that are working on Sunday. This list must also designate the day of rest for each employee.
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Indiana Meal & Rest Breaks
Indiana does not require meal or rest breaks unless the employee is a minor (under age 18).
Employers must provide minors who work at 6+ consecutive hours with one or two rest periods that total 30 minutes. The required breaks can be taken any point during the shift. Employers must also maintain a record of all paid and unpaid breaks to minor employees.
Iowa Meal & Rest Breaks
Iowa does not require meal breaks or rest breaks except for minor employees under 16 years of age. These employees must be given a 30-minute break if they work 5 hours or more. If the break is 20 minutes or less, it must be paid.
Iowa Workforce Development, Labor Services Division
Kansas Meal & Rest Breaks
Kansas does not have any meal or rest break laws, deferring to federal law.
Kentucky Meal, Rest & Day of Rest Breaks
Kentucky has a meal break, rest break, and day of rest break requirement.
Employers must provide a reasonable (20-30 minutes) lunch period, no earlier than 3 hours from the beginning of the shift and no later than 5 hours after starting the shift.
In addition, employees must be provided with a 10-minute rest break during every 4 hours of work.
Lastly, employees must receive at least 1 day of rest during every calendar week.
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Louisiana Meal & Rest Breaks
Employees in Louisiana who are under the age of 18 must be given a 30-minute meal break when working 5 or more consecutive hours. The meal break can be unpaid if it lasts more than 20 minutes and the employee is relieved of all duties.
Louisiana Workforce Commission
Maine Meal & Rest Breaks
In Maine, employees who work 6 or more consecutive hours must be allowed to take a 30-minute consecutive break. If the employee is completely relieved of duties, then the break can be unpaid. However, employers with three (3) or fewer employees on duty at a time are exempt, but must allow frequent shorter breaks.
Additionally, if the employee’s break would be a danger to property, life, public safety, or public health, it is not required. Another exception exists for employees in certain categories:
- Executive, administrative & professional employees with an annual salary of $3,000 the state’s minimum wage
- Certain agricultural employees
- Commission employees
- Taxicab drivers
Maryland Meal, Rest & Retail Employee Breaks
Maryland requires breaks to be provided under the Healthy Retail Employee Act, which applies to retail organizations with at least 50 staff members and operating for 20 or more calendar weeks. In these organizations, employees working shifts that last 6 or more hours must receive a 30-minute meal break. Those working shifts lasting 4 to 6 hours may qualify for 15-minute paid breaks, and 8-hour shifts qualify for two 15-minute paid breaks.
Minors must receive a 30-minute break for every 5 hours worked.
Maryland Department of Labor, Licensing and Regulation
Massachusetts Meal & Rest Breaks
In Massachusetts, most employees must be given a 30-minute break after 6 hours of work.
Furthermore, most employees must be given a day of rest after working 6 consecutive days. The day of rest is defined as 24 hours of rest and must include the interval from 8:00 am to 5:00 pm.
Massachusetts Department of Labor and Workforce Development
Massachusetts Domestic Worker Breaks
Domestic workers have separate break entitlements. These are contained in the Domestic Worker Bill of Rights.
Employers who employ a domestic worker for 40 or more hours a week must provide a rest period of at least 24 consecutive hours each calendar week. They must also provide at least 48 consecutive hours during each calendar month. If possible, that time must allow for religious worship.
Understand Written Agreement Requirements
The domestic worker can voluntarily agree to work on a day of rest. However, this agreement must be in writing. The domestic worker must also be paid an overtime rate for all hours worked on that day.
It’s important to note that the day of rest counts as job-protected leave from employment.
When a domestic worker does not live on premises and works for less than 24 consecutive hours, then the employer must pay the domestic worker for all hours on the premises.
This means that working time includes all the time the worker is required to be on the employer’s premises. It also includes any time before or after the normal shift needed to complete work.
In addition, that time must include meals, breaks, and sleeping periods unless the worker is free to leave the employers premises. If the domestic worker is free to leave and to pursue personal activities and is relieved of all work activities, then that time does not have to be paid.
When domestic workers are required to be on duty for 24 consecutive hours or more, then the employer and worker must agree to exclude a regularly scheduled sleeping schedule of no more than 8 hours from every 24 hours period.
In addition, all breaks, rests, meal periods, and sleeping periods constitute working periods.
Employers Must Notify Employees of their Rights to Rest Periods
Employers who employ a domestic worker for at least 16 hours or more a week must provide employees with information regarding meal and rest breaks.
This includes information about working hours, meal breaks, and time off.
It also includes the provisions for the days of rest, sick days, vacation days, personal days, and holidays. In addition, it must include information about transportation, health insurance, severance, and yearly raises. Lastly, it must include information about whether or not these benefits are paid or reimbursed.
Domestic Workers Bill of Rights
Michigan Meal & Rest Breaks
Michigan requires that minor employees (under age 18) be given at least 30 consecutive minutes or more for every 5 hours worked.
There are no other meal or rest break requirements in Michigan – employers must follow federal law.
Michigan Department of Licensing and Regulatory Affairs
Minnesota Meal, Rest Mother Breaks
Employees in Minnesota must be given a sufficient break to eat a meal. The break may be unpaid if it’s at least 20 minutes long. Employers are also required to provide sufficient time to use the restroom every 4 hours.
Minnesota Nursing Mother Breaks
Employers must provide nursing mothers with an unpaid break each day to