State Laws on Meal and Rest Breaks

Contrary to the laws of gastronomy, federal law does not require that you be allotted or paid for breaks to eat meals.

However, many states have laws specifically requiring that employees be allowed a half hour or so in meal and rest breaks during each workday and a number of states also have rules requiring that mothers be given work time to breastfeed or express milk for their infants. (See the chart below.) Your employer generally does not have to pay you for meal breaks of 30 minutes or more—as long as you are completely relieved of work duties during that time. Technically, however, if your employer either requires that you work while eating—or allows you to do so—you must be paid for time spent during meals. Also, you must be paid for break periods that are less than 20 minutes.

CAUTION

Additional laws may apply. If the chart below indicates that your state has no statute, then no law there specifically requires private employers to provide meal and rest breaks—and you and the employer are free to negotiate them. However, there may be a state administrative regulation or local ordinance that does control breaks. Call your state labor department for more information. Also, some states require employers to provide meal and rest breaks only to younger workers, or require that younger workers receive longer or more frequent breaks. Those rules are not covered here.

Note: The states of Alabama, Alaska, Arizona, Arkansas, District of Columbia, Florida, Idaho, Iowa, Louisiana, Maryland, Michigan, Mississippi, Missouri, Montana, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia, and Wyoming are not listed in this chart because they do not have laws or regulations on rest and meal breaks for adults employed in the private sector. Many states also exclude professional, administrative, and executive employees from these rules.

Other exceptions may apply. For example, many states have special break rules for specific occupations or industries, which are beyond the scope of this chart. Check the statute or check with your state department of labor if you need more information.

California

Cal. Lab. Code §§ 512, 1030; Cal. Code Regs. tit. 8, §§ 11010, 11170;

Applies to: Employers in most industries.

Exceptions: Motion picture and other occupations. See wage orders, Cal. Code Regs. tit. 8, §§ 11010 to 11160, for additional exceptions.

Meal Break: 30 minutes, unpaid, after 5 hours, except when workday will be completed in 6 hours or less and employer and employee consent to waive meal break. Employee cannot work more than 10 hours a day without a second 30-minute break, except if workday is no more than 12 hours, second meal break may be waived if first meal break was not waived.

On-duty paid meal period permitted when nature of work prevents relief from all duties and parties agree in writing.

Rest Break: Paid 10-minute rest period for each 4 hours worked or major fraction thereof; as practicable, in the middle of the work period. Not required for employees whose total daily work time is less than 3½ hours.

Breast-feeding: Reasonable time to breast-feed infant or to express breast milk; paid if taken concurrent with other break time; otherwise, unpaid.

Colorado

7 Colo. Code Regs. §§ 1103-1(7)-(8)

Applies to: Retail and service, food and beverage, commercial support service, and health and medical industries.

Exceptions: Numerous exceptions are listed in the regulation.

Meal Break: 30 minutes, unpaid, after 5 hours of work. On-duty paid meal period permitted when nature of work prevents break from all duties.

Rest Break: Paid 10-minute rest period for each 4 hours or major fraction worked; if practical, in the middle of the work period.

Connecticut

Conn. Gen. Stat. Ann. §§ 31-51ii, 31-40w

Applies to: All employers, except as noted.

Exceptions: Employers who pay for rest breaks as described below, those with a written agreement providing other break rules, and those granted an exemption for reasons listed in statute.

Meal Break: 30 minutes, unpaid, after first 2 hours of work and before last 2 hours for employees who work 7½ or more consecutive hours.

Rest Break: As alternative to meal break, a total of 30 minutes paid in each 7½-hour work period.

Breast-feeding: Employee may use meal or rest break for breast-feeding or expressing breast milk.

Delaware

Del. Code Ann. tit. 19, § 707

Applies to: All employers, except as noted.

Exceptions: Employers with alternative written agreement and those granted exemptions specified in statute. Law does not apply to teachers.

Meal Break: 30 minutes, unpaid, after first 2 hours and before the last 2 hours, for employees who work 7½ consecutive hours or more.

Georgia

Ga. Code Ann. § 34-1-6

Applies to: All employers.

Breast-feeding: Reasonable unpaid break time to breast-feed infant or to express breast milk.

Hawaii

Haw. Rev. Stat. § 378-2

Applies to: All employers.

Breast-feeding: Allowed during any break required by law or collective bargaining agreement.

Illinois

820 Ill. Comp. Stat. §§ 140/3, 260/10

Applies to: All employers.

Exceptions: Employees whose meal periods are established by collective bargaining agreement.

Employees who monitor individuals with developmental disabilities or mental illness, or both, and who are required to be on call during an entire 8-hour work period; these employees must be allowed to eat a meal while working.

Meal Break: 20 minutes, no later than 5 hours after the beginning of the shift, for employees who work 7½ or more continuous hours.

Breast-feeding: Reasonable unpaid break time to breast-feed infant or express breast milk.

Indiana

Ind. Code §§ 22-2-14, 5-10-6-2

Applies to: All employers.

Breast-feeding: Reasonable unpaid break time to express breast milk.

Kansas

Kan. Admin. Reg. 49-30-3

Applies to: Employees not covered under FLSA.

Meal Break: Not required, but if less than 30 minutes is given, break must be paid.

Kentucky

Ky. Rev. Stat. Ann. §§ 337.355, 337.365

Ky. Admin. Regs. tit. 803, 1:065 § 4

Applies to: All employers, except as noted.

Exceptions: Written agreement providing different meal period; employers subject to Federal Railway Labor Act.

Meal Break: Reasonable off-duty period close to the middle of the shift; can’t be required to take it before the third or after the fifth hour of work.

Rest Break: Paid 10-minute rest period for each 4-hour work period. Rest period must be in addition to regularly scheduled meal period.

Maine

Me. Rev. Stat. Ann. tit. 26, § 601

Applies to: Most employers.

Exceptions: Small businesses with fewer than 3 employees on duty who are able to take frequent breaks during the workday. Collective bargaining or other written agreement between employer and employee may provide for different breaks.

Breast-feeding: Adequate unpaid time to express breast milk, or employee may use rest or meal time.

Meal or Rest Break: 30 minutes, unpaid, after 6 consecutive hours of work, except in cases of emergency.

Massachusetts

Mass. Gen. Laws ch. 149, §§ 100, 101

Applies to: All employers, except as noted.

Exceptions: Excludes iron works, glass works, paper mills, letterpresses, print works, and bleaching or dyeing works. Attorney general may exempt businesses that require continuous operation if it won’t affect worker safety. Collective bargaining agreement may also provide for different breaks.

Meal Break: 30 minutes, if work is for more than 6 hours.

Minnesota

Minn. Stat. Ann. §§ 177.253, 177.254, 181.939

Applies to: All employers.

Exceptions: Excludes certain agricultural and seasonal employees.

A collective bargaining agreement may provide for different rest and meal breaks.

Meal Break: Sufficient unpaid time for employees who work 8 consecutive hours or more.

Rest Break: Paid adequate rest period within each 4 consecutive hours of work to utilize nearest convenient rest room.

Breast-feeding: Reasonable unpaid break time to breast-feed infant or express milk.

Nebraska

Neb. Rev. Stat. § 48-212

Applies to: Assembly plant, workshop, or mechanical establishment.

Exceptions: Other written agreement between employer and employees.

Meal Break: 30 minutes off premises for each 8-hour shift.

Nevada

Nev. Rev. Stat. Ann. § 608.019

Applies to: Employers of two or more employees.

Exceptions: Employees covered by collective bargaining agreement; exemptions for business necessity.

Meal Break: 30 minutes for 8 continuous hours of work.

Rest Break: Paid 10-minute rest period for each 4 hours or major fraction worked; as practicable, in middle of the work period. Not required for employees whose total daily work time is less than 3½ hours.

New Hampshire

N.H. Rev. Stat. Ann. § 275:30-a

Applies to: All employers.

Meal Break: 30 minutes after 5 consecutive hours, unless the employer allows the employee to eat while working and it is feasible for the employee to do so.

New York

N.Y. Lab. Law §§ 162, 206-C

Applies to: Factories, workshops, manufacturing facilities, mercantile (retail and wholesale) establishments.

Meal Break: Factory employees, 60 minutes between 11 a.m. and 2 p.m.; mercantile employees, 30 minutes between 11 a.m. and 2 p.m. If a shift starts before 11 a.m. and ends after 7 p.m., every employee gets an additional 20 minutes between 5 and 7 p.m. If a shift starts between 1 p.m. and 6 a.m., a factory employee gets 60 minutes, and a mercantile employee gets 45 minutes, in the middle of the shift. Labor commissioner may permit a shorter meal break; the permit must be in writing and posted conspicuously in the main entrance of the workplace.

Breast-feeding: Reasonable unpaid break time to express breast milk for up to three years after child’s birth.

North Dakota

N.D. Admin. Code § 46-02-07-02

Applies to: Applicable when two or more employees are on duty.

Exceptions: Waiver by employee or other provision in collective bargaining agreement.

Meal Break: 30 minutes for each shift over 5 hours. Unpaid if employee is completely relieved of duties.

Oregon

Or. Admin. R. §§ 839-020-0050, 839-020-0051

Applies to: All employers except as noted.

Exceptions: Agricultural workers and employees covered by a collective bargaining agreement.

Meal Break: 30 minutes, unpaid if relieved of all duties; paid time to eat if employee cannot be relieved of duty; a 20-minute paid break, if employer can show that it is industry practice or custom. If shift of 7 hours or less, meal break may occur between hours 2 and 5; if shift longer than 7 hours, meal break must be between hours 3 and 6.

Rest Break: Paid 10-minute rest period for each 4 hours or major fraction worked; if practical, in the middle of the work period.

Rest period must be in addition to usual meal break and taken separately; can’t be added to meal period or deducted from beginning or end of shift to reduce length of total work period.

Rest period is not required for certain solo adult employees serving the public, although they must be allowed to use rest room.

Breast-feeding: Reasonable unpaid rest period, no greater than 30 minutes for each 4 hours worked, to express milk to child 18 months or younger.

Pennsylvania

43 Pa. Cons. Stat. Ann. § 1301.207

Applies to: Employers of seasonal farmworkers.

Meal Break: 30 minutes after 5 hours.

Rhode Island

R.I. Gen. Laws § 28-3-8, 28-3-14, 23-13-2.1

Applies to: Employers with 5 or more employees.

Exceptions: Employers of health care facility or employers with fewer than 3 employees on any shift.

Meal Break: 20 minutes, unpaid, within a 6-hour shift or 30 minutes, unpaid, within an 8-hour shift.

Breast-feeding: Reasonable unpaid break time to breast-feed infant or express breast milk.

Tennessee

Tenn. Code Ann. §§ 50-2-103(d), 50-1-305

Applies to: Employers with 5 or more employees.

Meal or Rest Break: 30 minutes unpaid for employees scheduled to work 6 consecutive hours or more unless work is such that there is ample time for breaks throughout the day.

Breast-feeding: Reasonable unpaid break time to breast-feed infant or express breast milk. And employer shall make reasonable efforts to provide a space (other than a toilet stall) for employee to express breast milk in privacy.

Vermont

Vt. Stat. Ann. tit. 21, § 304

Applies to: All employers.

Meal Break: Employees must be given reasonable opportunities to eat and use toilet facilities during work periods.

Washington

Wash. Admin. Code §§ 296-126-092, 296-131-020

Applies to: All employers except as noted.

Exceptions: Newspaper vendor or carrier, domestic or casual labor around private residence, sheltered workshop. Separate provisions for agricultural labor.

Meal Break: 30-minute break, if work period is more than 5 consecutive hours, not less than 2 hours nor more than 5 hours from beginning of shift. This time is paid if employee is on duty or is required to be at a site for employer’s benefit. Employees who work 3 or more hours longer than regular workday are entitled to an additional half hour, before or during overtime.

Agricultural employees: 30 minutes if working more than 5 hours; additional 30 minutes if working 11 or more hours in a day.

Rest Break: Paid 10-minute rest break for each 4-hour work period, scheduled as near as possible to midpoint of each work period. Employee cannot be required to work more than 3 hours without a rest break.

Scheduled rest breaks not required where nature of work allows employee to take intermittent rest breaks equivalent to required standard.

West Virginia

W.Va. Code § 21-3-10a; W.Va. Code St. R. § 42-5-2(2.6)

Applies to: All employers.

Meal Break: At least 20-minute break for each 6 consecutive hours worked, unless employees are allowed to take breaks as needed or to eat lunch while working.

Rest Break: Rest breaks of 20 minutes or less must be counted as paid work time.

Wisconsin

Wis. Admin. Code § DWD 274.02

Applies to: All employers.

Meal Break: Recommended but not required: 30 minutes close to usual meal time or near middle of shift. Shifts of more than 6 hours without a meal break should be avoided. If employee is not free to leave the workplace, meal period is considered paid time.