State Laws on Meal and Rest Breaks

When it comes to meal and rest breaks, federal law does not provide much guidance. The Fair Labor Standards Act (FLSA), which sets the rules for minimum wage and overtime, does not require employers to give workers breaks of any kind.

That means the right to step away from your desk for lunch or take a quick rest during the day usually depends on the laws in your state.

Many states have filled in the gap by passing their own rules. Some require that employees receive a meal period—often 30 minutes or more—during longer shifts. Others mandate shorter rest breaks throughout the workday. A number of states have also passed laws ensuring that nursing mothers have the right to take breaks to express breast milk at work.

Whether or not you get paid for your break time also depends on the law and your employer's policies. Generally, meal breaks of 30 minutes or more do not have to be paid if you are completely relieved of work. On the other hand, shorter breaks, typically those lasting 20 minutes or less, must be counted as paid time. If your employer requires you to keep working while you eat, that time must also be compensated.

State Laws

Use the list below to find your state and learn about the meal and rest break rules that apply where you work. Knowing your rights can help you make sure you are getting the time and pay you are entitled to.