Work Breaks: Understanding Your Legal Entitlements

The number of breaks you get at work depends on where you are in the world. While federal law in the US doesn't require lunch or coffee breaks, some states have their own laws mandating meal and rest breaks. 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 more than 12 hours in a day. They must also receive a paid 10-minute rest period for every four hours worked. In contrast, there is no federal law in the US requiring companies to offer breaks during work hours for any purpose.

Federal law on breaks

Federal law does not require employers to provide their employees with lunch or coffee breaks. However, if an employer chooses to offer short breaks, federal law considers breaks under 20 minutes as compensable 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.

Meal periods, on the other hand, typically lasting at least 30 minutes, are not considered work time and are not compensable. If an employer does not provide a meal break during a shift, they may owe the employee an extra hour of pay at the employee's regular rate.

It is important to note that these federal standards only apply if a state has no laws regarding breaks. States have the autonomy to choose their own lunch and rest break laws, and some may have their own specific regulations that employers must follow.

Additionally, the Occupational Safety and Health Administration (OSHA) does not require employers to provide breaks, as they can be negotiated through labor contracts. However, OSHA does require employers to provide access to clean bathrooms when employees need to use the restroom.

State law on breaks

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 allow break periods, federal law states that any break under 20 minutes should be paid, and any break 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. However, some states have their own laws requiring meal and rest breaks, and failing to comply can result in severe fines and even lawsuits. Here is a breakdown of the state laws regarding meal periods for adult employees in the private sector:

Alabama

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

Alaska

Alaska follows federal law for breaks for workers aged 18 and above. If an employer provides a break lasting less than 20 minutes, it must be paid. Breaks over 30 minutes do not need to be paid if the employee is relieved of all duties.

Arizona

Arizona adheres to federal law regarding breaks for all workers. If an employer offers a meal break, it must be paid if it is less than 20 minutes. Breaks over 30 minutes are considered meal periods and do not need to be paid if the employee is free from all duties.

Arkansas

Arkansas follows federal law regarding breaks for workers of all ages. If a break is provided and is less than 20 minutes, it must be paid. Breaks over this length do not need to be paid as long as the employee is completely relieved of all duties. Additionally, Arkansas has a lactation break law, requiring employers to provide reasonable unpaid break time for employees who are lactating.

California

Employees in California are entitled to a 30-minute paid meal break during shifts longer than five consecutive hours. If the employee can leave the premises during their break and is relieved of regular work duties, the break goes unpaid. However, if these requirements are not met, the break must be paid. If a workday will be completed in six hours or fewer, employees may waive their lunch break with mutual consent from management. For shifts longer than 10 hours, a second 30-minute rest break is required. If a total of 12 hours or fewer are worked, this second meal break can be waived if the first one was not. Employees working longer than 15 hours receive a third 30-minute break, and those working over 20 hours get a fourth. If an employer fails to provide a meal break, they owe the employee an extra hour of pay at the regular rate.

Colorado

Colorado requires a 30-minute meal break for shifts of five hours or more and a 10-minute rest break for every four

Breaks for minors

While federal law does not require companies to offer breaks during work hours for meals or any other purpose, minors are afforded more break leniency than adult employees. Most state meal break rules for adults automatically cover minors, but some states have specific standards for those under 18.

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. 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.

Delaware

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

Florida

Florida defaults to federal law regarding breaks for workers aged 18 and over. If an employer chooses to provide a meal 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.

Hawaii

Hawaii defaults to federal law regarding breaks for workers aged 16 and over. If an employer chooses to provide a meal 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.

Indiana

Indiana defaults to federal law regarding breaks for workers aged 18 and over. If an employer chooses to provide a meal 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.

Iowa

Iowa defaults to federal law regarding breaks for workers aged 16 and over. If an employer chooses to provide a meal 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.

Louisiana

Louisiana defaults to federal law regarding breaks for workers aged 18 and over. If an employer chooses to provide a meal 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.

Michigan

Michigan defaults to federal law regarding breaks for workers aged 18 and over. If an employer chooses to provide a meal 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.

Ohio

Ohio defaults to federal law regarding breaks for workers aged 18 and over. If an employer chooses to provide a meal 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.

Oklahoma

Oklahoma defaults to federal law regarding breaks for workers aged 16 and over. If an employer chooses to provide a meal 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.

Texas

Texas defaults to federal law regarding breaks for all workers. If an employer chooses to provide a meal 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.

Virginia

Virginia defaults to federal law regarding breaks for workers aged 16 and over. If an employer chooses to provide a meal 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.

Other States

In addition to the above, the following states also have specific provisions requiring meal breaks for minors: California, Colorado, Illinois, Kentucky, Maryland, Massachusetts, Minnesota, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Oregon, Pennsylvania, Rhode Island, Utah, Washington, West Virginia, Wisconsin, Guam, and Puerto Rico.

Breaks for employees under 18

US Break Laws for Minors

In the US, 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".

The above federal standards apply unless a state has its own break laws. Some states default to the federal policy, while others have their own regulations. For example, in Florida, there is no legal requirement for employers to provide a meal period or rest break to employees aged 18 or older. However, Florida labor law requires that employees under the age of 18 be given a 30-minute uninterrupted meal break for every 4 hours of continuous work. Additionally, until their 18th birthday, minors in Florida are entitled to a 10-minute paid rest break for every 4 hours of continuous work.

UK Break Laws for Minors

In the UK, young workers above school-leaving age and under 18 are usually entitled to:

• A 30-minute rest break if they work more than 4.5 hours (ideally one continuous break)
• Daily rest of 12 hours
• Weekly rest of 48 hours

Young workers are not entitled to daily or rest breaks if their work must be done due to an exceptional event (e.g., an accident), and there isn't a worker over 18 available to do the work. In such cases, they are entitled to compensatory rest, which must be taken within three weeks of any missed rest period.

Breaks for employees under 16

The breaks afforded to employees under the age of 16 are dependent on the laws of the state in which they work. While federal law does not require companies to offer breaks during work hours, some states have their own laws mandating meal and rest breaks.

In Washington, youth under 16 years old must take a rest break of at least ten minutes for every two hours worked. They cannot work more than two hours without a ten-minute rest break or a thirty-minute meal period. They must not work more than four hours without being given an uninterrupted meal period that is separate from their rest breaks. They must also receive a paid rest break of at least 10 minutes for every 2 hours worked and must have a rest period after 2 hours for every 4 hours of work. Breaks for youth under 16 must not be scheduled near the beginning of the work shift.

In North Carolina, the North Carolina Wage and Hour Act requires that youths under 16 years of age are given at least a 30-minute break after 5 hours of work. No break of less than 30 minutes is deemed to interrupt a continuous period of work.

In Alabama, minors aged 14-15 who work more than 5 continuous hours are entitled to a 30-minute break.

In Alaska, minors aged 14-17 who work 5+ consecutive hours are entitled to a 30-minute break.

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

In Florida, minors aged 14-15 who work five consecutive hours are entitled to a 30-minute break.

In Indiana, minors under the age of 16 who work 5+ consecutive hours are entitled to a break of at least 30 minutes.

In Louisiana, minors under 18 who work five consecutive hours are entitled to a 30-minute unpaid break.

In Michigan, minors under 16 who work more than 5 consecutive hours are entitled to a 30-minute break.

In Ohio, minors under 16 are entitled to at least 30 minutes for every 5 hours worked and 1 hour for every 8 hours worked.

In Texas, minors under 18 must be given a 30-minute lunch no later than 5 hours into the workday. They must also be given a 10-minute rest break for every 4 hours worked and cannot work 3+ consecutive hours without a 10-minute break.

In Virginia, 14 and 15-year-old employees must have a 30-minute meal break before working 4 consecutive hours. A 30-minute meal break is required for employees ages 16 and 17 no less than 2 hours but no more than 5 hours from the beginning of their shift.

Frequently asked questions