Understanding Your Legal Work Break Entitlements

The length of work breaks is not mandated by federal law in the US, but if employers do offer short breaks, those lasting up to 20 minutes must be paid. Breaks of over 30 minutes can be unpaid and are classified as off-the-clock. However, state laws vary, and some require meal and rest breaks, with non-compliance resulting in fines and lawsuits. For example, in California, workers are entitled to an uninterrupted 30-minute unpaid meal break when working more than five hours in a day, and a second 30-minute break if they work more than 12 hours in a day. They are also entitled to a paid 10-minute rest period for every four hours worked.

Federal law on work breaks

Federal law does not require employers to provide their employees with meal or rest breaks. However, if an employer chooses to offer short breaks, those breaks are considered compensable work hours. Short breaks typically last between 5 and 20 minutes and are included in the sum of hours worked during the workweek to determine if overtime was worked.

Meal breaks, on the other hand, typically last at least 30 minutes and are not considered work time, so they are not compensable. If an employee is not relieved of work duties during their meal break (e.g., they are eating at their desk while working), they should be paid for that time.

Federal law also does not specify how many breaks are required during a shift of any length. This is left to the discretion of the employer, although some states have enacted legislation requiring the provision of meal and rest breaks.

State-specific work break laws

While federal law does not require companies to offer breaks during work hours for meals or any other purpose, many states have laws requiring meal and rest breaks. It is important to be aware of the requirements in the state where your business operates.

California

According to California employment law, most workers are entitled to the following breaks:

• An uninterrupted 30-minute unpaid meal break when working more than five hours in a day.
• An additional 30-minute unpaid meal break when working more than 12 hours in a day.
• A paid 10-minute rest period for every four hours worked.

New York

New York employment law states that employers must provide the following break periods:

• Employees working more than six hours, spanning the midday meal period, are entitled to at least a 30-minute unpaid lunch break.
• Short breaks (typically 20 minutes or less) are not mandated, but if offered, employers must compensate employees.
• Certain industries, such as factory workers, are entitled to a 60-minute lunch break.

Washington

Employment laws in Washington State include the following provisions:

• Employees working over five hours must receive a 30-minute unpaid meal break, free from any work duties.
• For every four hours worked, employees must receive a paid 10-minute rest break.
• Meal breaks should occur no later than the end of the fifth hour of work, and rest breaks should be evenly spaced throughout the work period.
• Employees cannot waive their right to these breaks.
• Certain critical or emergency roles may have modified break rules, with alternative measures or compensations provided.

New Jersey

New Jersey state labor laws differentiate between adults and minors:

• For adult workers in the private sector, New Jersey does not mandate employers to provide meal or rest breaks. However, it is common practice for employers to offer breaks voluntarily.
• Employees under 18 are entitled to a 30-minute break for every five consecutive hours of work.

Texas

Texas does not have its own work break laws, so breaks are not required by law (except for minors). If an employer chooses to provide breaks, federal law applies:

• Breaks shorter than 20 minutes must be paid.
• Meal breaks, typically 30 minutes or longer, do not need to be compensated if the employee is fully relieved of duties.
• For employees under 18, Texas law mandates a 30-minute lunch break after any continuous work of 5 hours.

Florida

Florida labor laws state that employers in the private sector do not have to provide employees with breaks. However, many employers choose to offer break periods voluntarily.

• For public sector employees, break periods are usually mandated by union agreements or collective bargaining agreements.
• For minors under the age of 18, Florida law requires a 30-minute uninterrupted break for every 4 consecutive hours of work.

Indiana

Indiana's approach to work break laws includes the following provisions:

• Employees working at least six hours in a shift are entitled to a meal break, but the length of the break does not have to be paid.
• Indiana does not require employers to provide short rest breaks (5 to 20 minutes). However, if offered, employers must compensate employees for this time.
• For workers under 18, a rest break of at least 30 minutes is required if they work more than six hours consecutively.

Virginia

Virginia's employment laws include the following guidelines:

• Virginia does not require employers to provide meal breaks for adult workers.
• Employees under 16 must receive a 30-minute break for every 5 consecutive hours of work.
• While Virginia law does not mandate short rest breaks, federal standards encourage employers to offer them, and they must be compensated as work time.
• For certain industries involving continuous operations or heavy machinery, breaks are regulated by specific health and safety requirements.

Ohio

Ohio's labor laws recognize the importance of breaks for minors and adults differently:

• For employees under 18, Ohio mandates a 30-minute break for every 5 consecutive hours of work.
• For adult workers, Ohio does not require employers to provide break periods, but many employers offer breaks as a standard practice.

Kentucky

Kentucky's state labor laws provide specific guidelines for employee breaks:

• Employees are entitled to a reasonable meal period, typically a minimum of 30 minutes after working more than five consecutive hours. This break is unpaid unless the employee is required to perform duties.
• For every four hours of work, employees should receive a paid rest break of at least 10 minutes.
• Exceptions include certain sectors such as agriculture, domestic work, and executive or administrative positions.

Other States

• Some states, including Alabama, Arizona, Arkansas, Delaware, Georgia, Idaho, Kansas, Louisiana, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, North Dakota, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, West Virginia, Wisconsin, and Wyoming, default to federal law, which means employers do not have to offer meal or rest breaks. However, if they do offer short breaks (20 minutes or less), they must be paid.
• States such as Colorado, Connecticut, Illinois, Maine, Massachusetts, Minnesota, Oregon, Rhode Island, and Vermont, require meal breaks (typically 30 minutes) when an employee works 5 to 6 hours.
• Colorado, Minnesota, Nevada, Oregon, and Vermont require both meal and rest breaks.
• Illinois, Maryland, and Michigan have specific provisions for certain types of workers, such as additional breaks for industry-specific positions.
• Iowa, Montana, and Utah require meal breaks under certain circumstances, such as shift lengths exceeding a specific number of hours.

Work break laws for minors

New Jersey

The state's laws are protective of minors. New Jersey mandates that employees under 18 are entitled to a 30-minute break for every five consecutive hours of work.

Texas

Texas law mandates a 30-minute lunch break for employees under 18 after any continuous work of five hours.

Florida

Florida's labor laws are explicit for minors under the age of 18, requiring a 30-minute uninterrupted break for every four consecutive hours of work.

Indiana

Special provisions apply to workers under the age of 18 in Indiana. Minors must receive a rest break of at least 30 minutes if they work more than six hours consecutively.

Virginia

Virginia's employment laws require that employees under the age of 16 must receive a 30-minute break for every five consecutive hours of work.

Ohio

Ohio mandates a 30-minute break for employees under 18 for every five consecutive hours of work.

Pennsylvania

The Pennsylvania Child Labor Act states that no minor may be employed for more than five hours continuously without an interval of at least 30 minutes for a rest break.

It is important to note that federal law does not require lunch or coffee breaks, but when employers offer short breaks (usually 5 to 20 minutes), these breaks are considered compensable work hours and are included in the total sum of hours worked during the week. Meal periods, typically 30 minutes or longer, are not considered work time and are not compensable.

Work break laws for the health and medical industry

The Fair Labor Standards Act (FLSA) does not require employers to provide meal or rest breaks to employees. However, if employers do offer short breaks, federal law considers breaks under 20 minutes as compensable work hours. Breaks over 30 minutes are considered "off-the-clock" and are unpaid.

In the health and medical industry, the following break laws apply:

Retail, Food and Beverage, Commercial Support Services, Health and Medical Industries

• Employees who work for seven and a half hours or more consecutively are entitled to a half-hour break after the first two hours and before the last two hours.
• Some professionals certified by the State Board of Education are exempt.
• Workplaces covered by a collective bargaining agreement or an employer/employee agreement may have a different schedule.
• The Labor Commissioner may exempt other employees when:
• Compliance would endanger public safety
• Only one employee can perform specific duties
• An employer employs fewer than five employees during a shift
• Continuous operation is required

Colorado

• A half-hour lunch is mandatory if the shift exceeds five consecutive hours.
• If employees cannot be relieved of duties, a paid on-duty lunch is permitted.
• This standard applies to the following industries: retail service, food, beverage, commercial support services, health and medical.

New York

• New York employment law states that employers must provide specific break periods for employees, ensuring they receive necessary rest during work hours.
• Employees working more than six hours, spanning the midday meal period, are entitled to at least a 30-minute unpaid lunch break.
• Short breaks (20 minutes or less) are not mandated, but if provided, they must be compensated.
• Certain industries, such as factory work, receive additional break entitlements.

Washington

• Employees working over five hours must receive a 30-minute meal break, unpaid, where they are free from any work duties.
• For every four hours worked, employees must receive a paid 10-minute rest break.
• Meal breaks should occur no later than the end of the fifth hour of work, and rest breaks should be spaced evenly throughout the work period.
• Employees cannot waive their right to these breaks.
• Healthcare workers may have different break schedules due to the unpredictable nature of their work. Alternative measures, such as additional pay or supplementary breaks, must be provided to ensure they do not suffer due to the lack of regular breaks.

California

• Most California workers have the right to receive the following breaks:
• An uninterrupted 30-minute unpaid meal break when working more than five hours in a day.
• An additional 30-minute unpaid meal break when working more than 12 hours in a day.
• A paid 10-minute rest period for every four hours worked.
• Domestic workers and farmworkers are covered by different laws.

Oregon

• Employees get a 30-minute paid meal break during a shift that is longer than five consecutive hours.
• If the employee is relieved of regular work duties and can leave the premises during their break, the break goes unpaid.
• If these requirements are not met, the break must be paid at the regular rate of pay.
• If a work shift is longer than 10 hours, a second 30-minute rest break must be provided.
• Employees get a 10-minute paid rest break every 4 hours.

Vermont

• Vermont has a special lactation break law requiring employers to provide reasonable break time throughout the day to employees who are lactating.
• It is left to the employer's discretion whether these breaks are paid or unpaid unless denoted by a collective bargaining agreement.

Work break laws for the manufacturing industry

Federal Law

Federal law does not require employers to provide lunch or coffee breaks. However, if employers do offer short breaks (usually lasting 5–20 minutes), federal law considers breaks as compensable work hours. These are included in the sum of hours worked during the workweek and are considered when determining if overtime was worked.

Meal periods, typically lasting at least 30 minutes, are not considered work time and are not compensable.

State Laws

While federal law does not require meal or rest breaks, many states have specific work break laws that dictate the minimum length and frequency of these breaks based on the number of hours worked. These laws vary significantly from state to state.

For example, in California, most workers are entitled to an uninterrupted 30-minute unpaid meal break when working more than five hours in a day. They are also entitled to an additional 30-minute unpaid meal break when working more than 12 hours in a day and a paid 10-minute rest period for every four hours worked.

In New York, employees working more than six hours, spanning the midday meal period, are entitled to at least a 30-minute unpaid lunch break. While short breaks (20 minutes or less) are not mandated, employers who offer these breaks must compensate employees. Factory workers in New York are entitled to a 60-minute lunch break.

In Washington, employees working over five hours must receive a 30-minute unpaid meal break, and for every four hours worked, they must receive a paid 10-minute rest break.

In Massachusetts, workers have a right to at least a 30-minute meal break if they work more than six hours during a calendar day. During their meal break, workers must be free of all duties and free to leave the workplace. This break may be unpaid.

Additionally, under Massachusetts law, employers must allow employees working in manufacturing, mechanical, or retail industries to take time off to vote during the first two hours that polls are open. Workers must request the leave ahead of time and will not be paid for this time.

Frequently asked questions