Meal and Rest Break Laws in Pennsylvania

What are your rights to meal breaks or rest breaks at work under Pennsylvania law? And should those breaks be paid or unpaid?

While the federal Fair Labor Standards Act (FLSA) sets the national baseline, Pennsylvania has its own set of rules that provide extra protections, especially for minors and farmworkers.

Federal Law on Meal and Rest Breaks

The FLSA doesn't require employers to provide meal or rest breaks for employees. However, if an employer does choose to offer breaks, certain rules apply:

• Short rest breaks lasting 5 to 20 minutes must be counted as paid work time.
• Bona fide meal breaks, usually 30 minutes or longer, can be unpaid if the employee is completely relieved of all job duties.

This means employers aren't obligated to provide breaks, but if they do, those breaks must meet specific wage and hour standards. For example, an unpaid lunch period where you still answer phones or cover tasks must be counted as paid time.

Pennsylvania Law on Meal and Rest Breaks

Pennsylvania generally doesn't require employers to provide meal or rest breaks to adult employees. However, there are a few special rules that workers should know about.

Meal Breaks for Minors in Pennsylvania

Pennsylvania law requires that employees under the age of 18 receive a 30-minute meal break if they work five or more consecutive hours.

This break must be uninterrupted and duty-free. Employers who fail to comply with this rule can face penalties under Pennsylvania's child labor laws.

Special Break Rules for Seasonal Farmworkers

In Pennsylvania, employers of seasonal farmworkers are required to provide breaks under the state's Seasonal Farm Labor Act (43 P.S. § 1301.101 et seq. (2025)).

Under this law, covered employers must provide a 30-minute break after five hours of work, during which employees must be relieved of all duties. This time may be unpaid.

Nursing Mothers and Lactation Breaks

Pennsylvania doesn't have a separate state law requiring lactation breaks, but federal law under the FLSA provides some protection.

Under the FLSA, employers must provide reasonable break time and a private, non-bathroom space for nursing mothers to express breast milk.

This requirement applies for one year after the child's birth.

Key Takeaways for Employees

If you work in Pennsylvania:

• Adult workers aren't entitled to mandatory meal or rest breaks, but if your employer offers them, they must be paid unless you are relieved of all duties.
• Workers under 18 must receive a 30-minute uninterrupted break if they work more than five consecutive hours.
• Nursing mothers are entitled to reasonable break time and a private, non-bathroom space to express breast milk for one year after childbirth.
• Seasonal farmworkers are entitled to an unpaid 30-minute break after five hours of work.
• Union contracts might provide you with stronger break rights.

Practical Steps If You're Denied Breaks

Start by raising the issue with your supervisor. Sometimes, problems are caused by miscommunication or oversight.

If that doesn't resolve the issue, consider contacting your human resources (HR) department and reviewing your employee handbook to see if there are company policies or internal complaint procedures.

If those steps fail, you might need to seek legal help.

Next Steps

If your employer continues to deny you required breaks or refuses to comply with lactation or farmworker protections, speaking with an employment lawyer might be necessary.

A lawyer can explain your rights, help you file a complaint, and pursue unpaid wages or damages when appropriate.

FAQs About Meal and Rest Breaks in Pennsylvania

Do Pennsylvania employers have to provide a lunch break?

No. Pennsylvania doesn't require lunch breaks for adult employees, although many employers provide one anyway.

If your employer does provide a break, short rest breaks less than 20 minutes must be paid, and meal breaks may be unpaid only if you're completely relieved of duties.

Are minors entitled to breaks in Pennsylvania?

Yes. Employees under 18 must receive a 30-minute uninterrupted break if they work five or more consecutive hours. Employers who don't comply with this requirement can face penalties under Pennsylvania child labor laws.

Are rest breaks required in Pennsylvania?

No. Pennsylvania doesn't mandate rest breaks for adults. If your employer chooses to give short breaks of up to 20 minutes, they must be counted as paid time under federal law.

Are meal breaks paid in Pennsylvania?

Meal breaks can be unpaid only if they're at least 30 minutes long and you're fully relieved of duties. If you are expected to work during a meal period, that time must be paid.

What rights do nursing mothers have in Pennsylvania?

Nursing mothers in Pennsylvania are covered by federal law, which requires employers to provide reasonable break time and a private, non-bathroom space to express milk for one year after childbirth.

What rights do farmworkers have to breaks?

The Pennsylvania Seasonal Farm Labor Act requires employers to provide seasonal farmworkers with a 30-minute unpaid break after 5 hours of work.

What should I do if I am denied breaks at work?

First, talk to your supervisor to clarify the issue. If that doesn't resolve the problem, escalate the concern to HR and review your employee handbook for complaint procedures. If you are still denied your rights, you can file a complaint with the Pennsylvania Department of Labor and Industry or the U.S. Department of Labor.

Do union contracts affect break rights?

Yes. Unionized employees may have stronger rights to meal and rest breaks through collective bargaining agreements.

Are employers in Pennsylvania required to provide heat breaks?

No. Pennsylvania law doesn't mandate heat breaks, but employers are required under federal OSHA standards to provide a safe workplace. This might include rest, shade, and water when working in extreme heat.

Should I talk to a lawyer if I am denied breaks?

Not right away. It is usually best to first bring up the issue with your supervisor or HR department to see if the problem can be resolved internally. If those steps don't work, and you're still being denied required breaks or proper accommodations, then consulting an employment lawyer is a smart next step to protect your rights.