Work and Employment
Rest, Lunch, and Meal Break Laws for Every U.S. State (2024)
Whether you're entitled to breaks during your work day depends on state laws, industry standards, and your employment status. In this article, we’ll take a look at break laws – both federal and state – to ensure you’re not missing out on getting the rest breaks or lunch breaks you deserve.
By:
Chelsea Spinos
Reviewer:
Timothy Lenahan, Esq.
15 min read • April 25, 2024
Key takeaways
Rest and break laws vary by state and typically only apply to non exempt employees.
Short rest breaks, like those under 20 minutes, should be paid.
Meal breaks are unpaid if they are at least 30 minutes and you can fully take a break from work.
Feeling like your workday is a non-stop sprint with no time to catch your breath?
Curious if those moments for a snack or a stretch are actually guaranteed?
Well, the truth is, whether you're entitled to breaks during your work day depends on state laws, industry standards, and your own employment status.
So, before you dive into your next shift, let's take a look at break laws – both federal and state – to ensure you’re not missing out on the rest breaks or lunch breaks you deserve.
We’ll also let you know what to do if your employer isn’t following local or federal guidelines.
Whether you're entitled to breaks during your workday depends on:
The state you work in
Your industry
What type of work you do
Your age
In many states, certain industries such as retail and food service, have break laws that require employers to give employees rest periods and meal breaks.
Generally, non-exempt employees are entitled to breaks under federal and state laws. These types of employees are usually paid hourly and are eligible for overtime pay under the FLSA.
On the other hand, exempt employees may not be covered by the same break laws.
Federal law doesn't actually require employers to give you lunch or coffee breaks. But if you get a short break (usually 5 to 20 minutes long), break laws say your employer has to count that time as part of your work hours.
This means they should include it when they calculate if you've worked overtime.
However, if your employer has clearly told you that your break can only be a certain length of time, and you go over that without permission, they don't have to pay you for the extra time.
On the other hand, meal periods, which are usually longer (at least 30 minutes), aren't considered part of your work time. So, your employer doesn't have to pay you for that time.
Reach out to get an evaluation the strength of your case.
While rest breaks aren’t required by federal law, some states have their own break laws that employers must follow. These work break laws can vary quite a bit, covering things like how long breaks should be and how often you should get them. Some states say that employers have to give their employees breaks, while others don't have any specific rules.
States that have required meal breaks include:
California
Colorado
Connecticut
Delaware
Illinois
Kentucky
Maine
Maryland
Massachusetts
Minnesota
Nebraska
Nevada
New Hampshire
New York
North Dakota
Oregon
Rhode Island
Tennessee
Vermont
Washington
West Virginia
Typically, these meal periods last at least 30 minutes and are placed in the middle of the work day.
States that have required rest breaks include:
California
Colorado
Illinois
Kentucky
Minnesota
Nevada
Oregon
Vermont
Washington
Usually, these rest periods are between 10 to 15 minutes for each four hours of work.
As mentioned, the specific requirements and exceptions for meal periods and rest breaks can vary significantly from state to state.
Alabama break laws
Rest break requirements
Meal break requirements
If you're 14 or 15 years old and working for five hours or more in a row, you should get at least one 30-minute rest or meal break
If you're 16 or older, there aren't any specific rules for Alabama break laws regarding rest breaks
If you're 14 or 15 years old and working for five hours or more in a row, you should get at least one 30-minute meal break
If you're 16 or older, there aren't any specific rules for Alabama break laws regarding meal breaks
Manifest Law©️. Learn more on www.manifestlaw.com
Alaska break laws
Rest break requirements
Meal break requirements
If you’re under 18, your need to get a recorded 30-minute meal or rest break if your work for 5 straight hours or longer
If you’re over 18, there aren't any specific rules for Alaska break laws regarding rest breaks
If you’re under 18, your need to get a recorded 30-minute meal or rest break if your work for 5 straight hours or longer
If you’re over 18, there aren't any specific rules for Alaska break laws regarding meal breaks
Manifest Law©️. Learn more on www.manifestlaw.com
Arizona break laws
In Arizona, unfortunately there aren't any state laws saying you have to get rest or lunch breaks at work.
Typically, an employer in Arizona has to follow federal law – which is that all breaks under 20 minutes are paid, while longer breaks over 30 minutes could be unpaid.
Arkansas break laws
Rest break requirements
Meal break requirements
Employers aren’t required to give rest breaks to anyone over 16 years old
If you are under the age of 16 and work in the entertainment industry, you are entitled to a rest break
Similarly to rest breaks, employers only are required to give meal periods to minors who are working in the entertainment industry
Manifest Law©️. Learn more on www.manifestlaw.com
California break laws
Rest break requirements
Meal break requirements
You should get a paid 10-minute break for every 4 hours you work.
Sheepherders covered by the Agricultural Occupations Order, household attendants under the Household Occupations Order, and professional actors are not included in this rule.
If you work for 3.5 hours or less in a day, your employer doesn't have to give you a break.
If you work for more than 5 continuous hours, you should get a 30-minute meal break.
However, if you can finish your work within six hours and both you and your employer agree, you can skip the break.
If your job doesn't allow you to take a break and you and your employer agree in writing, you can work during your meal period.
If you do work during your break, you have to be paid for that time!
Manifest Law©️. Learn more on www.manifestlaw.com
Colorado break laws
Rest break requirements
Meal break requirements
If you work in retail, service, food and beverage, health and medical, or commercial support services, you should get a paid 10-minute break for every 4 hours you work.
If you work in other industries, you might not be guaranteed rest breaks.
If you work in retail, service, food and beverage, health and medical, or commercial support services, and you're on the job for 5 hours or more without a break, you should get a 30-minute uninterrupted meal period.
If you work in other industries, the Colorado break laws for meals may not apply.
If you work during your meal break, your employer must pay you for that time.
Manifest Law©️. Learn more on www.manifestlaw.com
Connecticut break laws
Rest break requirements
Meal break requirements
Employers aren’t required to give rest breaks!
If you work for 7.5 hours straight or longer, you're entitled to a 30-minute meal break.
Your employer doesn't have to give you a meal break if:
Following the rule would be risky for public safety.
Your job can only be done by one specific person.
There are fewer than five employees at your workplace at a time.
You need to be available in case of emergencies.
If you end up working during your meal break, you should still get paid for that time.
Manifest Law©️. Learn more on www.manifestlaw.com
Delaware break laws
Rest break requirements
Meal break requirements
Employers aren’t required to give rest breaks!
If you’re over the age of 18 and work for 7.5 hours straight or longer, you're entitled to a 30-minute meal break.
If you’re under the age of 18, you must receive a 30-minute meal break after working 5 consecutive hours or more.
Your employer doesn't have to give you a meal break if:
Following the rule would be risky for public safety.
Your job can only be done by one specific person.
There are fewer than five employees at your workplace at a time.
You need to be available in case of emergencies.
You as an employee are certified by the Board of Education.
If you end up working during your meal break, you should still get paid for that time.
Manifest Law©️. Learn more on www.manifestlaw.com
Florida break laws
Rest break requirements
Meal break requirements
If you’re under 18, you should have a 10-minute rest break for every 4 hours you work in a row
If you’re 18 and older, Florida break laws don’t require employers to give rest breaks
If you’re under 18, you are entitled to a 30-minute meal break if you work 4 hours or more
If you’re 18 and older, you aren’t guaranteed a meal break unfortunately
Manifest Law©️. Learn more on www.manifestlaw.com
Georgia break laws
Unfortunately, there aren't any Georgia break laws saying you have to get rest or lunch breaks at work.
Typically, an employer in Georgia has to follow federal law – which is that all breaks under 20 minutes are paid, while longer breaks over 30 minutes could be unpaid time.
Hawaii break laws
Rest break requirements
Meal break requirements
Employers aren’t required to give rest breaks under Hawaii break laws
If you’re under the age of 16, you should get at least a 30-minute break if you are working for 5 or more consecutive hours
Employers aren’t required to give meal breaks to workers over the age of 16 under Hawaii break laws
Manifest Law©️. Learn more on www.manifestlaw.com
Idaho break laws
Unfortunately, there aren't any Idaho break laws saying you have to get rest or lunch breaks at work.
Typically, an employer in Idaho has to follow federal law – which is that all breaks under 20 minutes are paid, while longer breaks over 30 minutes could be unpaid.
Illinois break laws
Rest break requirements
Meal break requirements
If you're a hotel room attendant and you work in a county with over 3 million people, and you're on the job for 7 hours or more, you should get two 15-minute rest breaks
If you work in other industries, your employer might not have to give you rest breaks as per Illinois break laws
If you're 16 or older and working outside the hotel industry, and your shift is at least 7.5 hours long, you should get a 20-minute meal break. This break has to happen no later than 5 hours after your shift starts
If you're working for 12 hours or more, you should get an extra 20-minute break
If you're under 16, and your shift is 5 hours or longer, you should get a 30-minute meal break
For hotel room attendants in counties with over 3 million people, if you're working for 7 hours or more, you should get a 30-minute meal break
Manifest Law©️. Learn more on www.manifestlaw.com
Indiana break laws
Rest break requirements
Meal break requirements
If you’re under the age of 18 and work 6 hours straight, you have to get one or two rest breaks, which total to 30 minutes
If you’re over the age of 18, you’re unfortunately not guaranteed rest breaks
Meal breaks are only required to be given to workers under the age of 18
Meal breaks could be one 30-minute break, or two breaks that equate to 30 minutes total
If you’re over the age of 18, you’re unfortunately not guaranteed meal breaks
Manifest Law©️. Learn more on www.manifestlaw.com
Iowa break laws
Rest break requirements
Meal break requirements
Employers aren’t required to give rest breaks under Iowa break laws!
f you’re younger than 16, you have to be given a 30-minute break if you work 5 hours straight or more
If you’re over the age of 16, you unfortunately aren’t guaranteed meal breaks
Manifest Law©️. Learn more on www.manifestlaw.com
Kansas break laws
Unfortunately, there aren't any Kansas break laws saying you have to get rest or lunch breaks at work.
Typically, an employer in Kansas has to follow federal law – which is that all breaks under 20 minutes are paid, while longer breaks over 30 minutes could be unpaid.
Kentucky break laws
Louisiana break laws
Rest break requirements
Meal break requirements
Employers aren’t required to give rest breaks under Louisiana break laws
If you’re under the age of 18, you must get a 30-minute meal break if you work 5 straight hours or more – and, the break must be documented
If you’re over the age of 18, you aren’t guaranteed a meal break
Manifest Law©️. Learn more on www.manifestlaw.com
Maine break laws
Rest break requirements
Meal break requirements
Employers aren’t required to give rest breaks under Maine break laws
If you work for 6 hours or more without a break, you should get a 30-minute meal break
Some small businesses with fewer than 3 employees at once don't have to give this break, but they should offer shorter breaks at other times
You can decide to skip your meal break, but you have to put it in writing
If you work during your meal break, you have to be paid for that time
Manifest Law©️. Learn more on www.manifestlaw.com
Maryland break laws
Rest break requirements
Meal break requirements
For retail workers:
If you work 4 to 6 hours in a row, you should have a 15-minute rest break
If you work 6 to 8 hours, you're entitled to a 30-minute break
For shifts longer than 8 hours, you get an extra 15-minute break for every 5 hours of overtime worked
Rest breaks aren't guaranteed for non-retail workers under Maryland break laws
If you're under 18 and work for 5 hours or more in a row, you should get a 30-minute meal break
If you're in retail and work for over 6 hours straight, you're entitled to a 30-minute meal break
If you're 18 or older and not in retail, meal breaks aren't guaranteed
Manifest Law©️. Learn more on www.manifestlaw.com
Massachusetts break laws
Rest break requirements
Meal break requirements
Employers aren’t required to give rest breaks
If you work for 6 hours or longer, you should get a 30-minute meal break
If you end up working during your meal break or agree not to leave your workstation, you need to be paid for that time
Manifest Law©️. Learn more on www.manifestlaw.com
Note: Massachusetts break laws don’t apply for employees in certain industries like paper mills, iron workshops, glass workshops, and others. Factories, workshops, or mechanical places may also be exempt from this Massachusetts break laws.
Michigan break laws
Rest break requirements
Meal break requirements
Employers aren’t required to give rest breaks
If you're under 18 and work for 5 hours or more without a break, you should have a 30-minute break
Once you're 18 or older, meal breaks aren't guaranteed
Manifest Law©️. Learn more on www.manifestlaw.com
Minnesota break laws
Rest break requirements
Meal break requirements
You must get a rest break at least once every 4 hours
If you work 8 or more consecutive hours, you are entitled to a meal break
Minnesota break laws don’t state how long the meal break must be
Manifest Law©️. Learn more on www.manifestlaw.com
Mississippi break laws
There aren't any Mississippi break laws saying you have to get rest or lunch breaks at work.
Missouri break laws
There aren't any Missouri break laws saying you have to get rest or lunch breaks at work.
Montana break laws
There aren't any Montana break laws saying you have to get rest or lunch breaks at work.
Nebraska break laws
Rest break requirements
Meal break requirements
Employers aren’t required to give rest breaks
If you’re employed at an assembly plant, mechanical establishment, or workshop, and you work 8 hours or more, you're entitled to a 30-minute meal break
If you work outside these workplaces, meal breaks aren't guaranteed
Manifest Law©️. Learn more on www.manifestlaw.com
Nevada break laws
Rest break requirements
Meal break requirements
If you work for 3.5 hours or more, you are entitled to rest breaks. The number of breaks varies:
Shifts less than 7 hours: One 10-minute break
Shifts between 7 and 11 hours: Two 10-minute breaks
Shifts between 11 and 15 hours: Three 10-minute breaks
Shifts between 15 and 19 hours: Four 10-minute breaks
Break timing: Breaks should ideally be given in the middle of a shift, not at the start or end
If you work 3.5 hours or less, you aren’t entitled to rest breaks
Employers with only one employee and those granted exemption by the state's Labor Commissioner due to business necessity are exempt from providing rest breaks
If you work 8 or more consecutive hours, you should get a 30-minute meal break
Employers with only one employee are exempt from break requirements
Employees have the choice to waive their meal break if they wish
Manifest Law©️. Learn more on www.manifestlaw.com
New Hampshire break laws
Rest break requirements
Meal break requirements
Employers aren’t required to give rest breaks
If you work for 5 or more consecutive hours, you are entitled to a 30-minute unpaid meal break.
If you end up working during your meal breaks, you must be paid for that time.
If your employer allows you to take their meal break while working, the 30-minute unpaid meal break requirement may not apply
Manifest Law©️. Learn more on www.manifestlaw.com
New Jersey break laws
Rest break requirements
Meal break requirements
Employers aren’t required to give rest breaks under New Jersey break laws
If you're under 18 and work for 6 or more consecutive hours, you should get a 30-minute meal break.
If you're over 18, meal breaks aren't guaranteed
Manifest Law©️. Learn more on www.manifestlaw.com
New Mexico break laws
There aren't any New Mexico break laws saying you have to get rest or lunch breaks at work.
New York break laws
Rest break requirements
Meal break requirements
Employers aren’t required to give rest breaks under New York break laws
Manifest Law©️. Learn more on www.manifestlaw.com
North Carolina break laws
Rest break requirements
Meal break requirements
Employers aren’t required to give rest breaks under North Carolina break laws
If you're under 16 and work for 5 or more consecutive hours, you're entitled to a 30-minute meal break
If you’re over 16, meal breaks aren't guaranteed
Manifest Law©️. Learn more on www.manifestlaw.com
North Dakota break laws
Rest break requirements
Meal break requirements
Employers aren’t required to give rest breaks under North Dakota break laws
If you work for 5 or more consecutive hours you are entitled to a 30-minute meal break.
This rule only applies if there are at least two other workers present at the job site
If there are fewer than two other workers present, the employer isn’t required to provide you the meal break
Manifest Law©️. Learn more on www.manifestlaw.com
Ohio break laws
Rest break requirements
Meal break requirements
Employers aren’t required to give rest breaks under Ohio break laws
If you're under 18 and work for 5 or more consecutive hours, you're entitled to a 30-minute meal break.
If you're over 18, meal breaks aren't guaranteed
Manifest Law©️. Learn more on www.manifestlaw.com
Oklahoma break laws
Rest break requirements
Meal break requirements
Employers aren’t required to give rest breaks under Oklahoma break laws
If you're under 16 and work for 5 or more consecutive hours, you're entitled to a 30-minute meal break.
If you work for 8 or more hours, you get an hour-long meal break.
If you're over 16, meal breaks aren't guaranteed
Manifest Law©️. Learn more on www.manifestlaw.com
Oregon break laws
Rest break requirements
Meal break requirements
Under Oregon break laws, you should get a 10-minute break for every 4 hours of work
Ideally, breaks should be given in the middle of a work period, not at the beginning or end
Employees that are 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, are not required to be given rest breaks
If you work for 6 hours or more in a row, you should get a 30-minute meal break
This break should happen sometime between the 2nd and 5th hours of your shift (if it's less than 7 hours), or between the 3rd and 6th hours (if it's more than 7 hours).
If your job doesn't let you take a break, you can eat while working, but you have to be paid for that time
These rules apply to both adults and minors, but if you're under 16, you have to be given a break and can't eat while working
Manifest Law©️. Learn more on www.manifestlaw.com
Note: Sometimes, the meal break might be shortened to 20 minutes if that's common in your industry. But don't worry, you'll still get paid for the full 20 minutes under Oregon break laws.
Pennsylvania break laws
Rest break requirements
Meal break requirements
Employers aren’t required to give rest breaks under Pennsylvania break laws
If you're under 18 and work for 5 or more consecutive hours, you're entitled to a 30-minute meal break.
If you're over 18, meal breaks aren't guaranteed
Manifest Law©️. Learn more on www.manifestlaw.com
Rhode Island break laws
Rest break requirements
Meal break requirements
Employers aren’t required to give rest breaks under Rhode Island break laws
If you work between 6 and 8 hours, you're entitled to a 20-minute meal break
If you work for 8 hours or more, you're entitled to a 30-minute break
Manifest Law©️. Learn more on www.manifestlaw.com
Note: for Rhode Island break laws, exemptions from providing breaks can happen when there are fewer than three people employed at the job site, and for employers in the health and medical industry.
South Carolina break laws
There aren't any South Carolina break laws saying you have to get rest or lunch breaks at work.
South Dakota break laws
There aren't any South Dakota break laws saying you have to get rest or lunch breaks at work.
Tennessee Island break laws
Rest break requirements
Meal break requirements
Employers aren’t required to give rest breaks under Tennessee break laws
If you work 6 or more consecutive hours, you are entitled to a 30-minute meal break—unless you’ve signed a written agreement waiving your right to one
Meal breaks may be denied if other opportunities for breaks exist throughout the day in the workplace, or if you work as a tipped employee in the food and beverage industry
Meal breaks cannot be scheduled during the first hour of your shift
Manifest Law©️. Learn more on www.manifestlaw.com
Texas break laws
There aren't any Texas break laws saying you have to get rest or lunch breaks at work.
Utah break laws
Rest break requirements
Meal break requirements
If you're under 18, you should have a 10-minute rest break for every 4 hours you work, and you legally cannot work more than 3 consecutive hours without a break
If you're over 18, rest breaks aren't guaranteed
If you're under 18 and work for 5 or more consecutive hours, you're entitled to a 30-minute meal break
If you're over 18, meal breaks aren't guaranteed
Manifest Law©️. Learn more on www.manifestlaw.com
Vermont break laws
Rest break requirements
Meal break requirements
All employers have to give you "reasonable opportunities" to eat and use the bathroom during the workday
Vermont break laws don’t specify the length of these break periods
There isn't a specific state law mandating meal breaks
Manifest Law©️. Learn more on www.manifestlaw.com
Virginia break laws
Rest break requirements
Meal break requirements
Employers aren’t required to give rest breaks under Virginia break laws
If you're under 16 and work for 5 or more consecutive hours, you're entitled to a 30-minute meal break.
If you're over 16, meal breaks aren't guaranteed
Manifest Law©️. Learn more on www.manifestlaw.com
Washington D.C. break laws
There aren't any Washington D.C. break laws saying you have to get rest or lunch breaks at work.
Washington break laws
Rest break requirements
Meal break requirements
If you work for 4 consecutive hours you are entitled to a 10-minute rest break. Ideally, the break should be granted in the middle of the shift
Under Washington break laws, you cannot work more than 3 consecutive hours without being offered a rest break, and those under 16 cannot work more than 2 hours without a break
If you work more than 5 consecutive hours you are entitled to a 30-minute meal break
If you work 3 or more hours of overtime you are entitled to an additional half-hour break
If you’re under age 16, you shouldn’t work more than 4 consecutive hours without an uninterrupted meal break separate from rest breaks
You must be paid if you work during your meal break or if you are required to remain at the job site.
If you’re under 16, you cannot work during meal breaks
Manifest Law©️. Learn more on www.manifestlaw.com
Note: Newspaper vendors, household attendants, agricultural laborers, and employees at sheltered workshops are exempt from Washington break laws. Additional exemptions may be granted by the state’s Director of Labor and Industries.
West Virginia break laws
Rest break requirements
Meal break requirements
Employers aren’t required to give rest breaks under West Virginia break laws
If you work more than 6 consecutive hours you are entitled to a 20-minute meal break.
If you’re under 16, you must be given a 30-minute break if you work for 5 or more hours
Manifest Law©️. Learn more on www.manifestlaw.com
Wisconsin break laws
Rest break requirements
Meal break requirements
Employers aren’t required to give rest breaks under Wisconsin break laws
If you're under 18 and work for 6 or more consecutive hours, you're entitled to a 30-minute meal break.
If you're over 18, meal breaks aren't guaranteed
Manifest Law©️. Learn more on www.manifestlaw.com
Wyoming break laws
There aren't any Wyoming break laws saying you have to get rest or lunch breaks at work.
Now that we’ve taken a look at each state’s break laws, let’s dive into some commonly asked questions.
Do break laws apply to me as an employee?
Who do break laws not apply to?
How long should my breaks at work be?
How many breaks at work am I allowed to take?
Do I get paid for my breaks?
What happens if I have to work through my break?
Do I get overtime pay if I work through my break?
Am I legally required to stay at work during my breaks?
Reach out to get an evaluation the strength of your case.
If your employer isn't letting you take breaks when you're supposed to, there are steps you can take.
Get legal support: If you talk to your boss or HR department and things still don’t improve, reach out to an employment lawyer. Our team at Manifest Law can help you get the breaks you deserve, as well as any unpaid overtime or unpaid wages
Remember: You have the right to take breaks (depending on your state), and your employer can’t retaliate against you for sticking up for your rights.
If you're being denied the breaks you're legally entitled to or finding yourself working through breaks without getting paid when state law says you should be, Manifest Law is here to help.
Our expert team of employment lawyers is committed to ensuring you get the breaks you deserve and reclaim any unpaid wages owed to you.
We'll listen to your situation, explain your rights, help collect necessary documents, and handle all discussions with your employer, so you don’t have to worry.
Schedule a free consultation today and let us fight for the breaks and unpaid wages you're owed.
