Lunch Breaks: Your Legal Right, Explained

Whether it is against the law to deny a lunch break depends on where you live and work. Federal law in the US does not require employers to give their employees lunch or coffee breaks. However, if an employer does offer a short break, usually lasting 5 to 20 minutes, then this break is counted as part of the work day and must be included in the sum of hours worked during the work week. Meal periods, which are usually at least 30 minutes long, are not considered part of the work time and are not compensated. Each state has different laws on breaks for employees, and some states have their own break laws that employers must follow.

Federal law does not require lunch breaks, but if they are offered, they must be paid

Federal law does not require employers to give their employees lunch breaks. However, if an employer does choose to offer lunch breaks, any break under 20 minutes is considered part of the workday and must be paid. This means that the break time should be included when calculating overtime.

On the other hand, meal periods, which are usually longer (at least 30 minutes), are not considered part of an employee's work time and therefore do not need to be paid. If an employee takes an unauthorized extension of an authorized work break, the employer does not need to pay them for that extra time, as long as they have clearly communicated that any extension of the break is against the rules and will be punished.

While federal law does not require lunch breaks, some states have their own laws that require them. For example, in California, employees must receive a 30-minute meal break if they work for more than five consecutive hours. In Connecticut, employees who work for 7.5 hours straight or longer are entitled to a 30-minute meal break.

Additionally, federal law does not require employers to provide rest breaks. However, if they do offer short breaks, these are considered compensable work hours.

Meal breaks (30+ minutes) are unpaid and do not need to be provided

While federal law does not require companies to offer breaks during work hours for meals or any other purpose, if a company chooses to allow break periods, any break under 20 minutes should be paid, and any break over 30 minutes can be unpaid and classified as “off-the-clock”. This means that meal breaks (30+ minutes) are unpaid and do not need to be provided.

Federal law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. However, meal breaks lasting 30 minutes or longer can be unpaid so long as employees don't work during that time.

Meal breaks, which are usually longer (at least 30 minutes), aren't considered part of an employee's work time. So, an employer doesn't have to pay an employee for that time.

According to the U.S. Department of Labor, federal law says 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.

State laws vary on meal and rest breaks, with some requiring them and others defaulting to federal policy

Federal law considers breaks under 20 minutes as paid work time, and breaks over 30 minutes as unpaid and "off-the-clock". However, if an employer allows a break but does not require it, and an employee takes a longer break than permitted without permission, the extra time does not need to be paid.

Minors are afforded more break leniency than adults

While federal law does not require companies to offer breaks during work hours for meals or any other purpose, minors are typically afforded more break leniency than adults.

In the United States, almost all minors under the age of 18 are subject to child labor protections. Minors are defined as any person under the age of 18 who is required to attend school under the provisions of the Education Code, and any person under the age of six. In most states, minors aged 14-17 who work more than four or five consecutive hours are entitled to a 30-minute break. In some states, this rule applies to minors as young as 14. In others, it applies to minors as old as 18.

Some states, such as Louisiana and Michigan, require employers to give 30-minute breaks to employees under 18 for shifts longer than five consecutive hours. In Hawaii, this same rule applies only to 14 and 15-year-olds.

Additionally, minors have more stringent work hour restrictions than adults. For example, in California, minors under 16 may work no more than eight hours a day or 40 hours a week during a non-school week, and no more than three hours on a school day or 18 hours a week during a school week.

Employees must be given reasonable opportunities to eat and use the bathroom

While federal law does not require companies to offer breaks during work hours for meals or any other purpose, employees must be given "reasonable opportunities" to eat and use the bathroom during the workday. This opportunity must be paid if it is less than 20 minutes. If an employer chooses to provide a break, any break under 20 minutes should be paid, and any over 30 minutes can be unpaid and classified as “off-the-clock”.

Breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, as long as employees don’t work during that time.

In some states, there are laws requiring meal and rest breaks. Failing to comply can result in severe fines and even lawsuits. For example, in Oregon, an employer was fined nearly $100 million for persistent violations of employee meal and rest break rights dating back to 2015.

Additionally, employers with only one employee are typically exempt from following break requirements.

Frequently asked questions