Understanding Your Legal Rights To Breaks At Work

The number of breaks mandated by law varies depending on the country and state. In the United States, federal law does not require lunch or coffee breaks, leaving it up to the employer to decide. However, if breaks are offered, federal law considers breaks under 20 minutes as paid work hours, while breaks over 30 minutes can be unpaid and classified as off-the-clock. Each state has its own lunch and rest break laws, with some requiring meal and rest breaks, and failing to comply can result in fines and lawsuits. For example, in California, workers must receive an uninterrupted 30-minute unpaid meal break when working more than five hours in a day, and an additional 30-minute break when working over 12 hours. In New York, employers must provide at least 30 minutes of unpaid time off if an employee works more than six hours.

Federal law on breaks

Federal law in the US does not require employers to provide their employees with lunch or rest breaks. However, if an employer does choose to offer short breaks, typically lasting 5 to 20 minutes, federal law requires that these breaks be paid and counted as work hours. This means that they are included in the sum of hours worked during the workweek and are considered when determining if overtime was worked.

On the other hand, meal breaks, which typically last at least 30 minutes, are not considered work time and are not required to be paid. If an employee is not relieved of work duties during their meal break (i.e. they are eating at their desk while working), they should be paid for this time.

Federal law also states that breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can go unpaid, as long as employees do not work during that time.

It is also important to note that the state you work in may have different laws regarding breaks. While federal law does not mandate breaks, some states have enacted legislation that requires the provision of meal and rest breaks. These laws vary widely between states.

State laws on breaks

While federal law does not require companies to offer breaks during work hours for meals or any other purpose, each state has its own laws on breaks for employees. According to the U.S. Department of Labor, federal law states that if a company chooses to allow break periods, any break under 20 minutes should be paid, and any over 30 minutes can be unpaid and classified as “off-the-clock”. If a state has no laws regarding breaks, these federal standards automatically apply.

Alabama

Alabama defaults to federal law regarding breaks for workers aged 16 and over. If an employer chooses to provide a break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.

Alaska

Alaska defaults to federal law regarding breaks for workers aged 18 and over.

Breaks for minors

When it comes to minors, specific state laws come into play, and these vary across the country. For example, in California, workers must receive an uninterrupted 30-minute unpaid meal break when working more than five hours in a day. Additionally, they are entitled to a second 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. These laws are in place to protect minors from excessive work hours and ensure they get adequate rest.

Other states have their own unique regulations. For instance, in Alabama, Alaska, Colorado, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Utah, Virginia, Washington, West Virginia, Wisconsin, Guam, and Puerto Rico, there are provisions requiring meal breaks specifically for minors. These laws often take into account the unique needs and well-being of young workers.

It's important to note that when state child labor laws are less restrictive than federal law, the federal law takes precedence. On the other hand, if state laws are more restrictive, then those state provisions apply. This ensures that minors are provided with the highest level of protection.

The specific break requirements for minors can vary greatly depending on the state. For example, in some states, minors are required to have a certain number of consecutive hours of non-work and non-school time within a 24-hour period. Other states mandate that minors cannot work beyond a certain time at night if a school day follows. These laws are designed to balance the educational and work-related demands on minors, ensuring they get sufficient rest.

Breaks for adults

While there is no federal law requiring companies to offer breaks during work hours for meals or any other purpose, some states have laws mandating meal and rest breaks. The number and length of breaks that employees are entitled to vary by state, and some states default to federal policy.

California

In California, workers must receive 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. Furthermore, they must receive a paid 10-minute rest period for every four hours worked.

New York

In New York, employers must provide employees with at least 30 minutes of unpaid time off if they work more than six hours. Additionally, employers in New York State must provide certain employees with at least 24 consecutive hours of rest in any calendar week, referred to as a day of rest.

Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Hawaii, Indiana, Iowa, Kansas, Louisiana, Michigan, Mississippi, Missouri, Montana, New Jersey, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Virginia, Wisconsin, and Wyoming

In these states, if an employer chooses to provide a break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.

Oregon

In Oregon, employees are entitled to a 30-minute 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. However, 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. If a total of 12 hours or fewer are worked in a day, this second meal break may be waived, but only if the first meal period was not waived. Employees who work longer than 15 hours get an additional third 30-minute break. If they work longer than 20 hours, they get a fourth 30-minute break.

Colorado

Colorado requires a 30-minute meal break for 5+ hour shifts and a 10-minute break for every four hours of work.

Maine

Maine requires a 30-minute break for work periods of over six hours.

Delaware

In Delaware, adults get a 30-minute break for seven and a half hours worked, while those under 18 get the same break time for only five hours worked.

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.

Arkansas

Arkansas has a special lactation break law. Employers must provide reasonable unpaid break time to employees who are lactating. These breaks must be taken in a private place close to their work area (not a bathroom stall).

New Mexico

In New Mexico, employees who work 6+ hours between 11 am and 2 pm are entitled to a 30-minute meal break. Employees who work a 6+ hour shift that starts between 1 pm and 6 am are entitled to a 45-minute break midway through their shift.

Minnesota

In Minnesota, workers have a right to at least a 30-minute meal break for each 6 hours worked in a calendar day. During their meal break, workers must be free of all duties and free to leave the workplace.

Washington

In Washington, agricultural labor is excluded from the listed requirement of general application, but a separate regulation requires a 30-minute meal break after 5 hours in agriculture and an additional 30 minutes for employees working 11 or more hours in a day.

Pennsylvania

In Pennsylvania, employees who work 6 hours are entitled to a 20-minute meal break, while those who work 8+ hours get a 30-minute break. The break may be unpaid if the employee is relieved of all duties.

Tennessee

In Tennessee, employees who work 6 or more hours are entitled to a 30-minute meal break. Small businesses that staff fewer than 3 people at any given time are exempt from this requirement, on the condition that employees be given shorter breaks at other times throughout the day. Employees can waive their right to a meal break, but they must do so in writing.

Massachusetts

In Massachusetts, employees who work for 6 or more hours are entitled to a 30-minute meal break. This requirement does not apply to employees working at paper mills, iron workshops, glass workshops, letter press establishments, print workshops, or bleaching and dyeing workshops. The Attorney General may also grant exemptions to other factories, workshops, or mechanical establishments.

Connecticut

In Connecticut, employees who work for 6 or more consecutive hours are entitled to a 30-minute meal break. The break must be granted sometime between the 2nd and 5th hours of their shift (if the shift lasts for fewer than 7 hours), or between the 3rd and 6th hours of their shift (if the shift lasts for more than 7 hours). Employees who work for 14 hours or more are entitled to a second 30-minute meal break.

Nevada

In Nevada, employees within the retail and service industry, the food and beverage industry, the health and medical industry, and the commercial support services industry must receive a paid 10-minute break for every 4 hours they work. Employees outside these industries are not guaranteed rest breaks.

Kentucky

In Kentucky, employees who work for 6+ hours are entitled to a 30-minute meal break. This requirement does not apply to employees working at iron works, glass works, paper mills, letter press establishments, print works, and bleaching or dyeing works.

Rhode Island

In Rhode Island, employers are not required to give meal breaks, except to minors under the age of 16 who are employed in the entertainment industry.

West Virginia

In West Virginia, employees under the age of 16 must receive a 30-minute

Breaks and pay

In the United States, federal law does not require companies to offer breaks during work hours for meals or any other purpose. However, if a company chooses to provide breaks, any break under 20 minutes should be paid, and any break over 30 minutes can be unpaid and classified as "off-the-clock".

Each state has its own lunch and rest break laws, and these federal standards only apply if a state has no laws regarding breaks. Some states default to the federal policy, while others have their own set of specific regulations.

California

In California, workers must 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.

New York

In New York, employers must provide employees with at least 30 minutes of unpaid time off if they work more than six hours.

Oregon

In Oregon, a healthcare facility was fined nearly $100 million in 2022 for persistent violations of employee meal and rest break rights dating back to 2015.

Arkansas

In Arkansas, there are no specific laws regarding breaks, and the federal standards apply.

Alabama

In Alabama, the federal law regarding breaks for workers aged 16 and over applies. If an employer chooses to provide a break, it must be paid if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes do not need to be paid as long as the employee is completely relieved of all duties.

Alaska

In Alaska, the federal law regarding breaks for workers aged 18 and over applies. If an employer chooses to provide a break, it must be paid if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes do not need to be paid as long as the employee is completely relieved of all duties.

Arizona

In Arizona, the federal law regarding breaks for all workers applies. If an employer chooses to provide a meal break, it must be paid if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes do not need to be paid as long as the employee is completely relieved of all duties.

Florida

In Florida, the federal law regarding breaks for workers aged 18 and over applies. If an employer chooses to provide a meal break, it must be paid if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes do not need to be paid as long as the employee is completely relieved of all duties.

Georgia

In Georgia, the federal law regarding breaks for all workers applies. If an employer chooses to provide a meal break, it must be paid if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes do not need to be paid as long as the employee is completely relieved of all duties.

Hawaii

In Hawaii, the federal law regarding breaks for workers aged 16 and over applies. If an employer chooses to provide a meal break, it must be paid if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes do not need to be paid as long as the employee is completely relieved of all duties.

Indiana

In Indiana, the federal law regarding breaks for workers aged 18 and over applies. If an employer chooses to provide a meal break, it must be paid if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes do not need to be paid as long as the employee is completely relieved of all duties.

Iowa

In Iowa, the federal law regarding breaks for workers aged 16 and over applies. If an employer chooses to provide a meal break, it must be paid if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes do not need to be paid as long as the employee is completely relieved of all duties.

Kansas

In Kansas, the federal law regarding breaks for all workers applies. If an employer chooses to provide a meal break, it must be paid if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes do not need to be paid as long as the employee is completely relieved of all duties.

Louisiana

In Louisiana, the federal law regarding breaks for workers aged 18 and over applies. If an employer chooses to provide a meal break, it must be paid if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes do not need to be paid as long as the employee is completely relieved of all duties.

Michigan

In Michigan, the federal law regarding breaks for workers aged 18 and over applies. If an employer chooses to provide a meal break, it must be paid if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes do not need to be paid as long as the employee is completely relieved of all duties.

Mississippi

In Mississippi, the federal law regarding breaks for all workers applies. If an employer chooses to provide a meal break, it must be paid if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes do not need to be paid as long as the employee is completely relieved of all duties.

Missouri

In Missouri, the federal law regarding breaks for all workers applies. If an employer chooses to provide a meal break, it must be paid if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes do not need to be paid as long as the employee is completely relieved of all duties.

Montana

In Montana, the federal law regarding breaks for all workers applies. If an employer chooses to provide a meal break, it must be paid if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes do not need to be paid

Frequently asked questions