Breaks and Meals by State

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Know Your State Requirements

updated January 2026

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Are Breaks Required By Law?

Every state has different laws on breaks for employees. Read below to learn more about rest, meal, and lunch break laws by state.

State

Break Requirements

Meal Requirements

Information

Alabama

Employees under the age of 16 must receive a 30-minute meal/rest break if they are working for 5 consecutive hours or more. Employees aged 16 and over are not required to take breaks.

Employees under the age of 16 must receive a documented 30-minute meal/rest break if they are working for 5 consecutive hours or more. Employees over the age of 16 are not required to take breaks.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Alaska

Employees under the age of 18 must receive a documented 30-minute meal/rest break if they are working for 5 consecutive hours or more. Employees over the age of 18 are not required to take breaks.

Employees under the age of 18 must receive a documented 30-minute meal/rest break if they are working for 5 consecutive hours or more. Employees over the age of 18 are not required to take breaks.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Arizona

Employers are not required to give rest breaks.

Employers are not required to give meal breaks. 

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Arkansas Employers are not required to give rest breaks, except to minors under the age of 16 who are employed in the entertainment industry.

Employers are not required to give meal breaks, except to minors under the age of 16 who are employed in the entertainment industry.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

California

Employees must receive a paid 10-minute break for every 4 hours of work. Only sheepherders under the Agricultural Occupations Order, household attendants under the Household Occupations Order, and professional actors are excluded.

Employers don’t need to provide a break if the employee’s total work for the day amounts to 3.5 hours or less.

All employees working more than 5 consecutive hours must receive a 30-minute meal break, unless the work can be completed within six hours and both employee and employer agree to waive the break. All employees working more than 10 hours in one shift must receive a second 30-minute meal break, though if the employee is working for 12 hours or fewer, the second break can be waived as long as the first meal break was not waived. All employees working more than 15 hours must receive a third 30-minute break, and all employees working more than 20 hours in one day must receive a fourth 30-minute break.

Working during meal breaks is permitted when the nature of the work prevents relief from duty and there is a written agreement between employee and employer. Employees who work during a meal break must be paid.   

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Colorado

Employees within the retail and service industry, the food and beverage industry, the health and medical industry, and the commercial support services industry must receive a paid 10-minute break for every 4 hours they work. Whenever possible, this break should take place in the middle of their work period, rather than at the beginning or end. Employees outside these industries are not guaranteed rest breaks.

Employees are entitled to a 30-minute meal break when they work for 5 or more consecutive hours. 

Working during a meal break is permitted when the nature of the work prevents relief from duty. Employees who work during a meal break must be paid.   

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Connecticut

Employers are not required to give rest breaks.

Employees must receive a 30-minute meal break when they work for 7.5 consecutive hours or more. The break must be granted sometime after the first 2 hours of their shift begin, but before the last 2 hours have started. Employers are exempt from needing to give meal breaks if any of the following conditions are met:

  1. Compliance with the requirement would impair public safety
  2. The duties of the position can only be performed by one specific employee
  3. There are less than five employees stationed at the job site at a given time
  4. Employees cannot leave their position because they need to be available in case of unusual or emergency conditions (for example, while conducting scientific research)

Employees who work during meal breaks must be paid. 

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Delaware

Employers are not required to give rest breaks.

Employees over the age of 18 must receive a 30-minute meal break after working for 7.5 consecutive hours or more. This break must be granted at least 2 hours after their shift begins, but before the last 2 hours start. Employees under the age of 18 must receive a 30-minute meal break after working 5 consecutive hours or more.

Employers are exempt from having to grant meal breaks if any of the following conditions apply:

  1. Compliance with the requirement would impair public safety
  2. The duties of the position can only be performed by one specific employee
  3. There are fewer than 5 employees stationed at the job site at a given time
  4. Employees cannot leave their position because they need to be available in case of unusual or emergency conditions (for example, while conducting scientific research)
  5. Employees are certified by the Board of Education
  6. There is a collective bargaining agreement that states the employer does not need to grant meal breaks

Employees can also waive their right to a meal break by signing a written agreement, which their employer must also sign.

Employees who work during meal breaks must be paid.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Florida

Employees under the age of 18 must receive a 10-minute rest break for every 4 consecutive hours they work. Employees aged 18 and over are not guaranteed rest breaks.

Employees under the age of 18 must receive a 30-minute meal break if they are working for 4 or more consecutive hours. Employees aged 18 and over are not guaranteed meal breaks.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Georgia

Employers are not required to give rest breaks.

Employers are not required to give meal breaks.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Hawaii

Employers are not required to give rest breaks.

Employees under the age of 16 must receive a 30-minute meal break if they are working for 5 or more consecutive hours. Employers are not required to provide meal breaks to workers over the age of 16.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Idaho

Employers are not required to give rest breaks.

Employers are not required to give meal breaks.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Illinois

Hotel room attendants who are working in counties with over 3 million people must receive two 15-minute rest breaks if they are working for 7 or more hours. Employers in other industries are not required to give rest breaks.

Employees over the age of 16 outside the hotel industry must receive a 20-minute meal break if they are working at least 7.5 consecutive hours. The break must be granted no later than 5 hours after their shift began. Employees who are working for 12 or more hours must receive an additional 20-minute break.

Employees under the age of 16 must receive a 30-minute meal break if they are working for 5 or more consecutive hours.

Hotel room attendants who are working in a county with over 3 million people must receive a 30-minute meal break if they are working 7 or more hours. 

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Indiana

Employees under the age of 18 must receive one or two rest breaks, totaling 30 minutes, if they are working for 6 or more consecutive hours. Employees aged 18 and over are not guaranteed rest breaks.

Employees under the age of 18 must receive one or two breaks, totaling 30 minutes, if they are working for 6 or more consecutive hours. That time can be used to eat. Employees aged 18 and over are not guaranteed meal breaks, but breaks lasting less than 20 minutes must be paid.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Iowa

Employers are not required to give rest breaks.

Employees younger than 16 must be given a 30-minute break if they are working for 5 or more consecutive hours. Employees over the age of 16 are not guaranteed meal breaks.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Kansas

Employers are not required to give rest breaks.

Employers are not required to give meal breaks.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Kentucky

Employees must receive a paid 10-minute break for every 4 hours they work. Employees under the Federal Railway Labor Act are exempt. 

Employees under age 18 are not permitted to work more than 5 consecutive hours without receiving a documented 30-minute meal break. Employees over the age of 18 are entitled to a “reasonable period” to eat their meal sometime between the 3rd and 5th hours of their workday. The law does not specify exactly how long the break must be. Employees under the Federal Railway Labor Act are excluded.   

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Louisiana

Employers are not required to give rest breaks.

Employees under the age of 18 must receive a documented 30-minute meal break if they are working for 5 or more consecutive hours. Employees over the age of 18 are not guaranteed meal breaks.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Maine

Employers are not required to give rest breaks.

Employees working 6 or more consecutive hours must receive a 30-minute meal break. Small businesses which staff fewer than 3 people at any given time are exempt from this requirement, on the condition that employees be given shorter breaks at other times throughout the day. Employees can waive their right to a meal break, but they must do so in writing. 

Employees who work during meal breaks must be paid.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Maryland

Retail workers employed at establishments with 50 or more employees. and which operate for 20 or more calendar weeks per year, are entitled to a 15-minute rest break if they work between 4 and 6 consecutive hours. If they work between 6 and 8 hours, they are entitled to a 30-minute break. If they work for more than 8 hours, they are owed an additional 15-minute break for every 5 hours of overtime worked.

Non-retail workers are not guaranteed rest breaks.

Employees under the age of 18 must receive a 30-minute meal break if they work for 5 or more consecutive hours. 

Retail workers at establishments with 50 or more employees, and which operate for 20 or more calendar weeks per year, are entitled to a 30-minute meal break if they work for more than 6 consecutive hours.  

Non-retail workers aged 18 or older are not guaranteed meal breaks.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Massachusetts

Employers are not required to give rest breaks.

Employees who work for 6 hours or more must take a 30-minute meal break. This requirement does not apply to employees working at paper mills, iron workshops, glass workshops, letter press establishments, print workshops, or bleaching and dyeing workshops. The Attorney General may also grant exemption to other factories, workshops, or mechanical establishments.  

Employees who work during meal breaks, or agree not to leave their work station, must be paid.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Michigan

Employers are not required to give rest breaks.

Employees under the age of 18 are permitted a 30-minute break if they work for 5 or more consecutive hours. Employees over the age of 18 are not guaranteed meal breaks.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Minnesota

Employees must receive either a 15-minute break or enough time to use the restroom (whichever is longer) for every 4 consecutive hours worked.

Employees working 6 or more consecutive hours are entitled to a 30-minute meal break. The break can be unpaid but must be uninterrupted. 

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Mississippi

Employers are not required to give rest breaks.

Employers are not required to give meal breaks.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Missouri

Employers are not required to give rest breaks.

Employers are not required to give meal breaks.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Montana

Employers are not required to give rest breaks.

Employers are not required to give meal breaks.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Nebraska

Employers are not required to give rest breaks.

Employees who work for 8 or more hours at an assembly plant, mechanical establishment, or workshop are entitled to a 30-minute meal break. Employees outside these establishments are not guaranteed a break.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Nevada

Employees working for at least 3.5 hours are entitled to one paid 10-minute break for every 4 hours worked, or major fraction thereof. When possible, breaks should be granted in the middle of a work period, rather than at the beginning or towards the end.

Employers who have only one employee are exempt from following break requirements. Employers who can prove that business necessity prevents relief from duty may also be exempt from granting rest breaks.

Employees who work for 3.5 hours or less are not entitled to breaks.

Employees who work 8 or more consecutive hours are entitled to a 30-minute meal break. Employers who have only one employee are exempt from following break requirements. Employees can choose to waive their meal break. The state’s Labor Commissioner may grant exemption to employers who can prove that business necessity prevents relief from duty.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

New Hampshire

Employers are not required to give rest breaks.

Employees who work 5 or more consecutive hours are entitled to a 30-minute unpaid meal break, unless the employee has been permitted to take their meal while working. Employees who work during meal breaks must be paid.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

New Jersey

Employers are not required to give rest breaks.

Employees under the age of 18 are entitled to a 30-minute meal break when they work for 6 or more consecutive hours. Employees over the age of 18 are not guaranteed meal breaks.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

New Mexico

Employers are not required to give rest breaks.

Employers are not required to give meal breaks.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

New York

Employers are not required to give rest breaks, though they are required to give paid 30-minute lactation breaks to lactating employees for up to three years after childbirth.

Employees working for 6 or more consecutive hours, and whose shift extends over the noon-day period, are entitled to a 30-minute meal break. Employees who begin a shift before 11 AM that extends beyond 7 PM are also entitled to an additional 20-minute break between the hours of 5 PM and 7 PM.  If an employee works for 6 or more consecutive hours, and their shift starts between 1 PM and 6 AM, they are entitled to a 45-minute meal break. 

Factory workers who work for 6 or more consecutive hours, and whose shift extends over the noon-day period, are entitled to an hour-long meal break between 11 AM and 2 PM. Factory workers who work for 6 or more consecutive hours, and whose shift begins sometime between 1 PM and 6 AM, are also entitled to an hour-long meal break. 

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

North Carolina

Employers are not required to give rest breaks.

Employees under the age of 16 are entitled to a 30-minute meal break if they work for 5 or more consecutive hours. Employees over the age of 16 are not guaranteed a meal break.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

North Dakota

Employers are not required to give rest breaks.

Employees are entitled to a 30-minute meal break if they work for 5 or more consecutive hours, provided that there are at least two other workers present at the job site. If there are fewer than two other workers present, the employer is exempt from following the requirement. 

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Ohio

Employers are not required to give rest breaks.

Employees under the age of 18 are entitled to a 30-minute meal break if they work for 5 or more consecutive hours. Employees over the age of 18 are not guaranteed a meal break.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Oklahoma

Employers are not required to give rest breaks.

Employees under the age of 16 are entitled to a 30-minute meal break if they work for 5 or more consecutive hours, and an hour-long meal break if they work for 8 or more hours. Employees over the age of 16 are not guaranteed a meal break.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Oregon

Employees who work between 2 and 6 hours are entitled to one 10-minute rest break, employees who work over 6 hours but fewer than 10 hours are entitled to two 10-minute breaks, employees who work over 10 hours but below 14 hours are entitled to three rest breaks, and employees who work between 14 hours and 18 hours are entitled to four rest breaks.

When possible, breaks should be given in the middle of a work period, rather than at the beginning or the end. Employees aged 18 or older, who are alone during their shift at a retail or service establishment, and who have worked less than 5 hours over the past 16 hours, do not need to be granted rest breaks. 

Employees who work for 6 or more consecutive hours are entitled to a 30-minute meal break. The break must be granted sometime between the 2nd and 5th hours of their shift (if the shift lasts for fewer than 7 hours), or between the 3rd and 6h hours of their shift (if the shift lasts for more than 7 hours). Employees who work for 14 hours or more are entitled to a second 30-minute meal break, and employees who work 22 to 24 hours are entitled to a third meal break.

Meal breaks may be shortened to 20 minutes if the employer can prove that 20-minute breaks are standard industry practice, but the 20-minute break must be paid. Employees can eat while they work if the nature of their work prohibits relief from duty, but the break must be paid.

The same laws regarding meal breaks apply to minors as well as adults. However, employees under the age of 16 must be relieved from duty during meal breaks.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Pennsylvania

Employers are not required to give rest breaks.

Employees under the age of 18 are entitled to a 30-minute meal break if they work for 5 or more consecutive hours. Employees over the age of 18 are not guaranteed a meal break.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Rhode Island

Employers are not required to give rest breaks.

Employees who work between 6 and 8 hours are entitled to a 20-minute meal break. Employees who work for 8 or more hours are entitled to a 30-minute break. Exemptions can be granted when there are fewer than three people employed at the job site, and for employers in the health and medical industry. Meal breaks can be unpaid if the employee is relieved from all duties.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

South Carolina

Employers are not required to give rest breaks.

Employers are not required to give meal breaks.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

South Dakota

Employers are not required to give rest breaks.

Employers are not required to give meal breaks.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Tennessee

Employers are not required to give rest breaks.

Employees who work for 6 or more consecutive hours are entitled to a 30-minute meal break, unless they’ve signed a written agreement waiving their right to one. They may also be denied a scheduled meal break if their workplace allows ample opportunity to take breaks throughout the day, or if they are a tipped employee in the food and beverage industry.  

Meal breaks cannot be scheduled during the first hour of the employee’s shift.  

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Texas

Employers are not required to give rest breaks.

Employers are not required to give meal breaks.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Utah

Employees under the age of 18 are entitled to a 10-minute rest break for every 4 hours they work, and cannot legally work more than 3 consecutive hours without a break. Employees over the age of 18 are not guaranteed rest breaks.

Employees under the age of 18 are entitled to a 30-minute meal break if they work for 5 or more consecutive hours. Employees over the age of 18 are not guaranteed a meal break.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Vermont

All employers must provide employees with “reasonable opportunities” to eat and use the bathroom during the workday. There is no law regarding the length of these break periods. 

All employers must provide employees with “reasonable opportunities” to eat and use the bathroom during the workday. There is no law regarding the length of these break periods, but meal breaks must be paid if they are less than 20 minutes long.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Virginia

Employers are not required to give rest breaks.

Employees under the age of 16 are entitled to a 30-minute meal break if they work for 5 or more consecutive hours. Employees over the age of 16 are not guaranteed a meal break.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Washington D.C.

Employers are not required to give rest breaks.

Employers are not required to give meal breaks.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Washington

Employees who work for 4 consecutive hours are entitled to a 10-minute rest break. Whenever possible, the break should be granted towards the middle of the employee’s shift rather than at the beginning or the end. It is also prohibited for employees to work more than 3 consecutive hours without being offered a rest break, and for employees under the age of 16 to work more than 2 hours without taking a break.  

Hospital employees working for 4 consecutive hours or more are entitled to a 15-minute paid rest break. The break cannot be waived. Although rest breaks are expected to be scheduled as close to the midpoint of the employee’s shift as possible, hospital employees may combine their unpaid rest break with their paid meal break and take their breaks in a continuous block if they prefer.

Newspaper vendors, household attendants, agricultural laborers, and employees at sheltered workshops are exempt from break requirements. The state’s Director of Labor and Industries can also choose to grant other exemptions. 

Employees who work more than 5 consecutive hours are entitled to a 30-minute meal break. The break must be granted between two and five hours after the employee’s shift starts. Employees working 3 or more hours of overtime are also entitled to an additional half-hour break, and employees under the age of 16 cannot work more than 4 consecutive hours without being given an uninterrupted meal break (separate from their rest breaks).

Hospital employees working less than eight hours are permitted to waive meal breaks via a written agreement between employer and employee. Hospital employees working shifts of eight hours or longer may waive second and third meal breaks as long as they did not waive their first one. Hospitals must report waived and missed breaks in their quarterly compliance reports to the state Department of Labor & Industries.

Newspaper vendors, household attendants, agricultural laborers, and employees at sheltered workshops are exempt. The state’s Director of Labor and Industries can also choose to grant other exemptions.

Employees must be paid if they work during their meal break, or if they are required to remain at prescribed job site. Employees under 16 cannot work during meal breaks.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

West Virginia

Employers are not required to give rest breaks.

Employees who work more than 6 consecutive hours are entitled to a 20-minute meal break. Employees under the age of 16 must be given a 30-minute break if they work for 5 or more hours.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Wisconsin

Employers are not required to give rest breaks.

Employees under the age of 18 are entitled to a 30-minute meal break if they work for 6 or more consecutive hours. Employees over the age of 18 are not guaranteed a meal break.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Wyoming

Employers are not required to give rest breaks.

Employers are not required to give meal breaks.

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

 

Guam

 

There are no rest break requirements. 

 

Employees who work for 5 or more consecutive hours are entitled to a half-hour meal break, unless the workday will be over within 6 hours or less, and both the employee and the employer have agreed to waive the meal period.

Domestic employees, employees within the fish industry, and agricultural workers are excluded (though agricultural workers are only excluded when there are fewer than ten people present at the job site). Working during a meal period is allowed if the nature of the work prevents relief from duty. 

 

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Puerto Rico

Employers are not required to give rest breaks.

Employees who are working for 5 or more consecutive hours are entitled to an hour-long meal break. The break must begin at least two hours after their shift started but before six hours have passed. Meal breaks can be waived if the employee is working for less than six hours. Employees are entitled to a second meal break if they are working for more than 10 hours in one day, though the second break can be waived if they’re working for less than 12 hours total and they already took a meal break earlier. 

Administrative employees, executives, public sector employees, travel agents, labor union officials, domestic service workers, and certain drivers are excluded.  

Federal Law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

What Is the Purpose of Break and Meal Laws?

Employees often spend long hours on the job. State break and meal laws are intended to ensure workers have appropriate time to eat and rest during the workday, which is crucial for maintaining their health and well-being and increasing job satisfaction.

While these laws are designed to protect workers, they also provide numerous potential benefits for employers:

  • Increased employee productivity due to more energy and less fatigue
  • Decreased likelihood of worker burnout
  • Fewer mistakes resulting from better focus 
  • Higher worker retention because of increased employee morale
  • Lower number of workplace accidents, injuries and illnesses

Are There Federal Break and Meal Laws?

While there are different versions of meal and break laws by state, many states adhere to the federal standards instead of creating their own regulations. Under the Fair Labor Standards Act, if employers provide workers with a break lasting less than 20 minutes, they must receive compensation for their time. However, breaks lasting longer than 30 minutes may be unpaid if employees perform no job duties during the period. 

What Happens When Employers Violate Break and Meal Laws?

The differences between meal and rest break laws by state extend to the potential repercussions for violating them. For example, in Pennsylvania, employers can receive a fine of $75 to $300 or a prison term of 10 to 60 days. If an employer provides an unpaid meal break that requires an employee to eat while working, the employer has likely committed wage theft. 

In New Mexico, the fine for violating break and labor laws varies depending on the severity of the offense. Employers can also face criminal prosecution and, if applicable, have to pay back wages. 

Break Law FAQs

Do Work Establishments Need to Provide Areas for Breaks?

No, at this time, there is no federal law requiring businesses to provide a dedicated break room area to employees.

Is It Illegal Not to Get a Break at Work?

Not necessarily. It all depends on the laws of the state you work in.

Are 15-Minute Breaks Required by Law?

It depends on your state. At this time, there is no federal law mandating 15-minute breaks. However, there are some states where a 15-minute break (or longer) is required by law.

Contact Us to Learn More About Meal and Break Laws by State

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