Blog

September 12, 2024

Learn about rest and meal break laws in each state

image

Have you ever grabbed a quick bite or sipped your favorite caffeinated drink while answering emails? Maybe you’ve eaten lunch on the go while making deliveries or had a protein bar in the staff break room quickly between meetings and before rushing back to work. If so, you may be entitled to compensation for that “break,” even though it didn’t really feel like one. Do you know how long your lunch break should be or how many breaks you’re legally allowed during your shift? You might have received this information from your employer, but everyone is human, and mistakes can happen. Sometimes managers are unsure how to handle a situation where an employee consistently takes shorter meal breaks than required, and another employee complains about not getting enough rest breaks during their shifts.

Navigating the complexities of rest and meal break laws can be challenging, especially across different industries and states, and without clear policies, employers risk facing compliance issues, legal penalties, and decreased employee morale. In this blog, we explore rest and meal break laws and their challenges, provide insight of rest and meal breaks for all 50 states, and learn strategies for incorporating and tracking breaks.

What are Federal Break Laws?

Federal break laws serve as a baseline for employee break times across the United States. Under the Fair Labor Standards Act (FLSA), federal law does not require employers to provide meal or rest breaks. However, if an employer offers short breaks (typically lasting 5 to 20 minutes), these breaks must be paid. Meal breaks, typically lasting 30 minutes or more, do not have to be paid, provided the employee is completely relieved from duty.

State laws often vary significantly from federal guidelines, with some states imposing stricter meal and rest break requirements. Employers must navigate both federal and state laws to ensure compliance.

What is a rest or meal break?

Meal breaks

In the U.S., 21 states mandate meal breaks for employees, while nine states require both meal and rest breaks. Even though 29 states do not require meal breaks by law, many employers offer them to foster a positive work environment and boost employee productivity. After all, workers are generally more focused and efficient when given time to recharge during the workday.

In states that require meal breaks, these breaks typically apply to employees who work at least five or six hours in a shift. Furthermore, the timing of the meal break is regulated in some states, preventing it from being scheduled at the very beginning or end of the workday. This ensures employees can take their breaks closer to midday, aligning with natural mealtimes.

Rest breaks

Rest breaks are not mandated by most states, leaving it up to employers to decide whether to offer them. Some states allow employers the flexibility to choose between offering meal breaks or rest breaks. However, states like California have strict regulations, requiring employers to provide a ten-minute paid break for every four hours worked.

Other states with mandatory paid breaks include Colorado, Illinois, Kentucky, Minnesota, Nevada, Vermont, and Washington. Generally, short breaks of 20 minutes or less are considered part of the workday and must be compensated accordingly.

Does your organization need a firm understanding of meal break laws? Read our eBook to become more familiar with the rules and learn strategies to incorporate breaks into your business practices.

What are State and Federal break laws?

Because federal law does not mandate rest or meal break laws, it is up to each state to establish its own regulations regarding meal and rest breaks. Some states adhere strictly to federal guidelines, while others have developed their own specific rules. Notably, these laws apply exclusively to nonexempt employees, who are typically hourly workers who earn not more than $43,880 per year and are entitled to overtime pay under the FLSA.

Nonexempt employees must be given adequate meal and rest breaks, and these breaks should be properly tracked to ensure compliance with both state and federal regulations. Employers can find specific break laws for each state by consulting local regulations or using online resources.

Rest and meal break laws by State

Here is an overview of the meal and rest break laws for all 50 states:

The content in this article is provided for informational purposes only and should not be interpreted as legal advice.

Meal break: Alaska requires employers to provide a 30-minute meal break to employees ages 14-17 who work more than five consecutive hours. This break is unpaid unless the employee is required to stay on duty. Alaska employers are not required to provide breaks to employees ages 18 and over.

Rest break: There are no mandatory rest break laws in Alaska, so employers have discretion over offering paid rest breaks.

Meal break: Arizona does not have specific laws regarding meal breaks. Federal law applies, and meal breaks are at the discretion of the employer.

Rest break: Arizona does not mandate rest breaks, leaving it to the employer's discretion.

Meal break: Arkansas does not require either rest or meal breaks for employees over the age of 16, with the exception of lactating mothers. If the employee is relieved of working, then the employer does not have to pay for the break time. However, the employee must be free to leave their workstation. Rest breaks of 20 minutes or less count as time worked.

Rest break: There are no state laws mandating rest breaks for adults in Arkansas. Employers may provide breaks at their discretion.

California regulations on meals, rest, and even recovery breaks are among the most detailed in the country. Below is just a general overview of employer responsibilities, according to California’s Department of Industrial Relations:

Meal break: California mandates a 30-minute unpaid meal break for employees working more than five hours. A second uninterrupted, duty-free unpaid 30-minute break is required if the workday exceeds ten hours.

Rest break: California law requires a ten-minute, uninterrupted, duty-free, paid rest break for every four hours worked, taken in the middle of each work period.

Different breaks apply for motion picture workers, for example, along with swimmers, dancers, skaters, and “other performers engaged in strenuous physical activities.” Outdoor workers must be allowed recovery breaks of at least 5 minutes in the shade any time they need to protect themselves from overheating.

Meal break: Colorado law requires a 30-minute unpaid meal break for employees working more than five hours. This break must be taken after no more than five hours of work.

Rest break: Colorado requires employers in certain industries to allow a ten-minute paid rest break for every four hours worked, which should be taken as close to the middle of the work period as possible.

In Colorado, certain employees are exempt from rest break requirements—administrative, executive, supervisory, professional, and outside sales employees. In addition, property managers, interstate drivers, and driver helpers are exempt.

Meal break: Connecticut law requires a 30-minute unpaid meal break for employees working seven and a half or more consecutive hours, which should be taken after the first two hours and before the last two hours of the shift.

Rest break: There are no mandatory rest break laws in Connecticut, so employers decide whether to offer paid rest breaks.

Meal break: Delaware law requires a 30-minute meal break for employees working seven and a half consecutive hours or more, to be taken after the first two hours and before the last two hours of the shift.

Meal breaks can be unpaid time, but the employer must relieve the employee of all work activities and the time must be uninterrupted. There are several exceptions to Delaware law. Under these exceptions, employers must allow employees to eat at their workstations and to use the restrooms as needed.

Exceptions to Delaware Break Laws

  • Compliance with the break requirement would adversely affect public safety.
  • Only the employee can perform the duties of the position.
  • An employer has 5 or fewer employees at one location during the shift.
  • Urgent conditions require employees to be available to handle operations.
  • A collective bargaining agreement is in place.
  • An employee works for a local school board, directly with children.

Any employee under the age of 18 cannot be allowed to work for more than 5 hours continually without at least a 30-minute break.

Rest break: Delaware does not mandate rest breaks, leaving it up to employers to offer them.

Meal break: Florida does not have specific state laws regarding meal breaks, so federal law applies. Employers are not required to provide meal breaks.

Rest break: Florida does not mandate rest breaks, leaving it to the discretion of employers.

Meal break: Georgia does not have specific state laws requiring meal breaks, so federal law applies. Employers are not obligated to provide meal breaks.

Rest break: There are no mandatory rest break laws in Georgia. Employers may offer breaks at their discretion.

Meal break: Hawaii requires a 30-minute meal break for minors under 18 who work more than five consecutive hours. There are no requirements for adult employees.

Rest break: There are no state laws mandating rest breaks for adults in Hawaii, allowing employers to set their own policies.

Meal break: Idaho does not have state laws mandating meal breaks for adult employees. Federal law applies, and meal breaks are at the employer's discretion.

Rest break: Idaho does not mandate rest breaks. Employers may choose to offer breaks according to their policies.

Meal break: Illinois law requires a 20-minute meal break for employees working seven and a half continuous hours or more. This break must be given within the first five hours of work.

Rest break: Illinois mandates a ten-minute paid rest break for every four hours worked, with some exceptions based on the industry.

Employers must provide employees one day of rest in seven (ODRISA). This is defined as 24 consecutive hours of rest in every calendar week.

Exceptions to the Illinois Day of Rest Rules

There are seven exceptions to the day of rest requirement:

  • Employees who work fewer than 20 hours a week.
  • Those needed in the case of a breakdown of machinery or equipment.
  • Workers needed for an emergency requiring the immediate service of experienced or competent labor to prevent injury to a person, damage to property, or suspension of necessary operations.
  • Workers in agriculture, coal mining, or canning/processing perishable agricultural products
  • Employees who are watchmen (or women) or security guards.
  • Administrators, executives, and other professional workers.
  • Employees working as crew members of uninspected towing vessels operating in waters in or along state boundaries.

Employers can also get permits from the Illinois Department of Labor allowing employees to voluntarily work 7 consecutive days.

Before employers can operate on Sunday, they must post, in a conspicuous place, a schedule listing the employees that are working on Sunday. This list must also designate the day of rest for each employee.

Meal break: Indiana law requires meal breaks for minors but does not mandate meal breaks for adult employees. Federal law applies to adults.

Rest break: Indiana does not mandate rest breaks for adult employees, leaving it to the employer's discretion.

Meal break: Iowa mandates a 30-minute meal break for minors working five or more hours but does not have requirements for adult employees. Employers of adults follow federal guidelines.

Rest break: There are no state laws mandating rest breaks for adults in Iowa, so employers set their own policies.

Meal break: Kansas law requires meal breaks for minors but does not mandate meal breaks for adults. Employers may offer breaks at their discretion under federal law.

Rest break: Kansas does not mandate rest breaks for adult employees, leaving it to employer policies.

Meal break: Kentucky requires a reasonable meal period (typically 30 minutes) for employees working more than five hours. This break is unpaid unless the employee is required to work during the break.

Rest break: Kentucky mandates a ten-minute paid rest break for every four hours worked, taken near the middle of the work period.

Meal break: Louisiana does not have specific laws regarding meal breaks for adult employees, so federal law applies. meal breaks are at the employer's discretion.

Rest break: Louisiana does not mandate rest breaks, leaving it to employer policies.

Meal break: Maine requires a 30-minute unpaid meal break for employees working six or more consecutive hours, which must be offered after the first three hours and before the last hour of the shift.

Rest break: Maine does not mandate rest breaks for adult employees, leaving it to the employer's discretion.

Meal break: Maryland law mandates a 30-minute meal break for employees working eight or more consecutive hours. Under the Healthy Retail Employee Act, which applies to retail organizations with at least 50 staff members and operating for 20 or more calendar weeks, in these organizations, employees working shifts that last 6 or more hours must receive a 30-minute meal break. Those working shifts lasting 4 to 6 hours may qualify for 15-minute paid breaks, and 8-hour shifts qualify for two 15-minute paid breaks.

Minors must receive a 30-minute break for every 5 hours worked.

Rest break: Maryland does not have a state-mandated rest break law, so it is up to employers to decide.

Meal break: Massachusetts law requires a 30-minute unpaid meal break for employees working six or more consecutive hours. Employees must be relieved of all duties during this time.

Rest break: There are no state laws mandating rest breaks in Massachusetts, so employers decide whether to offer paid rest breaks.

Meal break: Michigan requires a meal break for minors but does not mandate meal breaks for adult employees. Employers of adults are subject to federal law.

Rest break: Michigan does not mandate rest breaks for adult employees, leaving it to the employer's discretion.

Meal break: Minnesota law requires a reasonable amount of time for a meal break for employees working eight or more consecutive hours. This break is unpaid unless the employee is not relieved of duties.

Rest break: Minnesota mandates a paid rest break for every four consecutive hours worked, typically lasting about ten minutes.

Meal break: Mississippi does not have specific state laws mandating meal breaks. Employers may follow federal guidelines.

Rest break: Mississippi does not mandate rest breaks for adult employees, so employers have discretion.

Meal break: Missouri requires a 30-minute meal break for minors working five or more hours but does not mandate meal breaks for adult employees. Federal law applies to adults.

Rest break: Missouri does not mandate rest breaks for adult employees, leaving it to employer policies.

Meal break: Montana does not have specific state laws regarding meal breaks for adults, so federal law applies. Employers may provide breaks at their discretion.

Rest break: Montana does not mandate rest breaks for adult employees, allowing employers to set their own policies.

Meal break: Nebraska law requires a 30-minute meal break for minors working five or more hours but does not mandate meal breaks for adult employees. Federal law applies.

Rest break: There are no state laws mandating rest breaks for adult employees in Nebraska.

Meal break: Nevada requires a 30-minute unpaid meal break for employees working more than eight hours a day. This break must be provided no later than five hours into the shift.

Rest break: Nevada mandates a ten-minute paid rest break for every four hours worked, taken near the middle of the work period.

Meal break: New Hampshire law mandates a 30-minute unpaid meal break for employees working more than five consecutive hours. This break must be given after the first two hours and before the last two hours of the shift.

Rest break: New Hampshire does not have a state-mandated rest break law, leaving it to employers to decide.

Meal break: New Jersey requires meal breaks for minors but does not mandate meal breaks for adult employees. Employers of adults follow federal law.

Rest break: New Jersey does not mandate rest breaks for adult employees, leaving it to the employer's discretion.

Meal break: New Mexico does not have specific state laws mandating meal breaks for adult employees. Federal law applies, so employers may provide breaks at their discretion.

Rest break: New Mexico does not mandate rest breaks for adult employees, leaving it up to employer policies.

Meal break: New York requires a 30-minute meal break for employees working more than six hours. This break must be provided between 11 a.m. and 2 p.m. for day shifts, and at the midpoint of shifts starting after 1 p.m.

Rest break: New York does not have a state-mandated rest break law for adults, leaving it to employers to decide, but if the break is shorter than 20 minutes, then it must be a paid break and counted as work time.

Meal break: North Carolina requires a meal break for minors but does not mandate meal breaks for adult employees. Federal law applies to adults.

Rest break: North Carolina does not mandate rest breaks for adult employees, leaving it to employer policies.

Meal break: North Dakota requires a 30-minute meal break for employees working more than five consecutive hours, provided there are two or more employees on duty. This break is unpaid unless the employee is not relieved of duties.

Rest break: North Dakota does not mandate rest breaks for adult employees, except for retail employees.

North Dakota Day of Rest Requirements for Retail Employees

The employment law that requires a day of rest applies to businesses that sell merchandise at retail locations. The employer cannot require an employee to work 7 consecutive days.

In each 7 consecutive days, the employer must provide employees with at least 24 hours of rest. The time off is in addition to other regular periods of rest allowed during each day worked. Unless it would cause a hardship for the employer, the employer must accommodate the religious beliefs and practices of the employees.

Meal break: Ohio law requires meal breaks for minors (under age 18) a 30-minute break for every 5 consecutive hours worked. This break may be unpaid. Federal law applies to adults.

Rest break: Ohio does not mandate rest breaks for adult employees, leaving it to the employer's discretion.

Meal break: Oklahoma does not have specific state laws mandating meal breaks for adult employees. Federal law applies, so employers may provide breaks at their discretion.

Rest break: Oklahoma does not mandate rest breaks for adult employees, leaving it to employer policies.

Meal break: Oregon law offers several options for breaks:

  • 30 minutes, with relief from all duty, for each work period of 6 to 8 hours, between the second and fifth hour for a work period of 7 hours or less, and between the third and sixth hour for a work period over 7 hours.
  • OR a paid 20- to 29-minute break, with relief from all duty, if the employer can show that such a paid meal period is industry practice or custom.
  • OR an eating period with pay while on duty for each period of 6 to 8 hours if the employer can show that the nature of work prevents relief from all duty.

Rest break: Oregon mandates a ten-minute paid rest break for every four hours worked, taken in the middle of each work period.

Meal break: Pennsylvania requires a 30-minute meal break for minors but does not mandate meal breaks for adult employees. Federal law applies to adults.

Rest break: Pennsylvania does not mandate rest breaks for adult employees, leaving it to employer policies.

Meal break: Rhode Island requires a 20-minute meal break for employees working six or more consecutive hours. This break must be taken after the first three hours and before the last hour of the shift.

Rest break: Rhode Island does not mandate rest breaks for adult employees, so it is up to employers to decide.

Meal break: South Carolina does not have specific state laws mandating meal breaks for adult employees. Employers follow federal guidelines.

Rest break: South Carolina does not mandate rest breaks for adult employees, leaving it to employer policies.

Meal break: South Dakota does not have specific state laws mandating meal breaks for adult employees. Federal law applies, so employers may provide breaks at their discretion.

Rest break: South Dakota does not mandate rest breaks for adult employees, leaving it to employer policies.

Meal break: Tennessee law requires a 30-minute unpaid meal break for employees scheduled to work six consecutive hours or more. This break must be provided no later than five hours into the shift.

Rest break: Tennessee does not mandate rest breaks for adult employees, leaving it to employer policies.

Meal break: Texas does not have specific state laws mandating meal breaks for adult employees. Federal law applies, so employers may provide breaks at their discretion.

Rest break: Texas does not mandate rest breaks for adult employees, leaving it to employer policies.

Meal break: Utah requires a 30-minute meal break for minors working five or more consecutive hours but does not mandate meal breaks for adult employees. Federal law applies to adults.

Rest break: Utah does not mandate rest breaks for adult employees, so employers have discretion over offering breaks.

Meal break: Vermont law requires a reasonable amount of time for a meal break after six hours of work. The break must be unpaid unless the employee is not relieved of all duties.

Rest break: Vermont mandates a paid rest break for every four consecutive hours worked, typically lasting about ten minutes.

Meal break: Virginia does not have specific state laws mandating meal breaks for adult employees. Employers follow federal guidelines.

Rest break: Virginia does not mandate rest breaks for adult employees, leaving it to employer policies.

Meal break: Washington requires a 30-minute meal break for employees working more than five consecutive hours. This break must be provided no later than five hours into the shift.

Rest break: Washington mandates a ten-minute paid rest break for every four hours worked, taken in the middle of each work period.

Meal break: West Virginia requires a 20-minute meal break for employees working six or more consecutive hours, provided there are three or more employees on duty.

Rest break: West Virginia does not mandate rest breaks for adult employees, leaving it to employer policies.

Meal break: Wisconsin law requires meal breaks for minors (under age 18) lasting at least 30 minutes for any shift that is longer than 6 hours long. Additionally, employers in the state need to give a meal break for each meal period the employee works through. Those meal periods are the times of 6:00 am, 12:00 pm, 6:00 pm, and 12:00 am. 16- and 17-year-old employees must also receive 8 hours of rest between any shifts scheduled after 8 p.m.

Any meal break that is less than 30 consecutive minutes must be counted as time worked and be paid to the employee. Wisconsin requires that employees be paid for all “on-duty” meal breaks. These are the breaks when the employee is not completely free of all work duties.

Wisconsin does not mandate meal breaks for adult employees. Federal law applies to adults.

Rest break: Wisconsin does not mandate rest breaks for adult employees, leaving it to employer policies.

Meal break: Wyoming does not have specific state laws regarding meal breaks, meaning employers follow federal guidelines or their own policies.

Rest break: Wyoming does not mandate rest breaks for adult employees. Employers may choose to offer breaks according to their policies.

Challenges to implementing rest and break laws

Breaks are essential not only for employee wellbeing and engagement but also for maintaining compliant business practices. However, managing and documenting these breaks can be complex. Employers often face challenges such as:

  • Preventing missed breaks: Scheduled breaks lose their impact if employees do not take them. Without robust tracking tools, employers may only become aware of missed breaks after the fact, or worse, not at all.
  • Tracking shortened breaks: Employees may shorten their breaks for various reasons, such as making up hours or responding to a manager’s request. Documenting the reasons for shortened breaks is crucial for compliance and can be difficult to track with manual processes.
  • Paying penalty fees: Noncompliance with state and federal break laws can result in penalties, including employee claims against the employer. For example, in California, payroll departments need detailed records to determine whether an employee is owed premium pay for shortened or missed breaks.
  • Addressing frequent violations: Employers cannot resolve recurring issues with breaks if they are unaware of them. Tracking and analyzing data on missed or shortened breaks can help employers make necessary adjustments to support their workforce.

Enhance compliance and efficiency with TCP Software’s advanced break tracking solutions

Organizations can achieve seamless compliance with rest and meal break laws at all levels—federal, state, and local—using the right tools and technology. TimeClock Plus, TCP’s leading time and attendance solution, simplifies break tracking with features like Short Break Confirmation. This feature automates the accurate recording of meal and rest breaks, minimizing the need for constant managerial oversight and boosting both compliance and record accuracy.

The Short Break Confirmation feature prompts employees to confirm the remaining break time when they attempt to clock in early, ensuring that any deviations are properly documented with the reason for the early return. This not only aids in compliance but also provides valuable insights into break patterns, helping employers address potential issues proactively.

TCP’s robust reporting capabilities empower organizations to maintain compliant break practices, enhance employee well-being, and optimize operational efficiency. Explore how TCP’s flexible tools can support your organization’s unique needs, or consult with an expert to discover how we can streamline your time and attendance processes. Speak to an expert today to see how TCP can help you streamline your time and attendance processes.