Lunch Break Laws: Know Your Rights As An Employee

Lunch break laws refer to the regulations around the breaks that employers are required to offer their employees. While there is no federal law mandating lunch breaks in the United States, some states have implemented their own laws outlining what a reasonable lunch break looks like.

According to the Fair Labor Standards Act (FLSA), employers are not required to pay employees during meal breaks, but they must allow employees to take the full lunch break without working unless a state law specifies otherwise.

Each state has different laws regarding lunch breaks for employees, and these laws also vary based on the age of the employee. For example, in California, employees must receive an uninterrupted 30-minute unpaid meal break when working more than five hours in a day, and an additional 30-minute unpaid meal break when working more than 12 hours in a day.

Federal law on lunch breaks

Federal law does not require employers to provide their employees with lunch or coffee breaks. However, if employers choose to offer short breaks, typically lasting 5 to 20 minutes, federal law considers these as paid work hours. These breaks 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 periods, typically lasting at least 30 minutes, are not considered work time and are therefore unpaid. If an employee is not relieved of work duties during their meal break (e.g., eating at their desk while working), they should not be required to take an unpaid meal break.

It is important to note that federal law leaves it up to the employer to decide whether to offer meal and rest breaks. 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 lawsuits.

State-specific laws

While federal law does not require companies to offer lunch or rest breaks, some states have laws mandating meal and rest breaks. These laws vary from state to state, and non-compliance can result in hefty fines and lawsuits. Here is a breakdown of lunch break laws in different states:

Alabama

Alabama adheres 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 exceeding 30 minutes are classified as meal periods and need not be compensated as long as the employee is relieved of all duties. Minors aged 14-17 who work more than 5 continuous hours are entitled to a 30-minute break.

Alaska

Alaska follows federal guidelines for workers aged 18 and over. If an employer offers a break, it must be paid if it is less than 20 minutes. Breaks over 30 minutes are considered meal periods and need not be paid if the employee is free from all duties.

Arizona

Arizona adheres to federal regulations for breaks for all workers. If an employer provides a meal break, it must be paid if it is less than 20 minutes. Breaks of more than 30 minutes are classified as meal periods and need not be compensated if the employee is relieved of all duties.

Arkansas

Arkansas follows federal guidelines for breaks for workers of all ages. If an employer offers a break, it must be paid if it is less than 20 minutes. Arkansas also has a lactation break law, requiring employers to provide reasonable unpaid break time for lactating employees in a private space near their work area.

California

California mandates a 30-minute paid meal break for shifts longer than five consecutive hours. If an employee can leave the premises during their break and is relieved of regular duties, the break is unpaid. However, if these conditions are not met, the break must be paid. California also requires a second 30-minute break for shifts exceeding 10 hours.

Florida

Florida aligns with federal regulations for breaks for workers aged 18 and over. If an employer provides a meal break, it must be paid if it is less than 20 minutes. Breaks over 30 minutes are considered meal periods and need not be paid if the employee is free from all duties.

Georgia

Georgia adheres to federal guidelines for breaks for all workers. If an employer offers a meal break, it must be paid if it is less than 20 minutes. Breaks exceeding 30 minutes are classified as meal periods and need not be compensated if the employee is relieved of all duties.

Hawaii

Hawaii follows federal regulations for breaks for workers aged 16 and over. If an employer provides a meal break, it must be paid if it is less than 20 minutes. Breaks over 30 minutes are considered meal periods and need not be paid if the employee is free from all duties.

Indiana

Indiana defaults to federal law for breaks for workers aged 18 and above. If an employer offers a meal break, it must be paid if it is less than 20 minutes. Breaks of more than 30 minutes are classified as meal periods and need not be compensated if the employee is relieved of all duties.

Iowa

Iowa adheres to federal guidelines for breaks for workers aged 16 and over. If an employer provides a meal break, it must be paid if it is less than 20 minutes. Breaks exceeding 30 minutes are considered meal periods and need not be paid if the employee is free from all duties.

Kansas

Kansas follows federal regulations for 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 classified as meal periods and need not be compensated if the employee is relieved of all duties.

Louisiana

Louisiana defaults to federal law for breaks for workers aged 18 and over. If an employer provides a meal break, it must be paid if it is less than 20 minutes. Breaks of more than 30 minutes are considered meal periods and need not be paid if the employee is relieved of all duties.

Michigan

Michigan adheres to federal guidelines for breaks for workers aged 18 and over. If an employer offers a meal break, it must be paid if it is less than 20 minutes. Employees working more than 8 hours are entitled to sufficient unpaid time to eat a meal.

Mississippi

Mississippi follows federal regulations for breaks for all workers. If an employer provides a meal break, it must be paid if it is less than 20 minutes. Breaks exceeding 30 minutes are considered meal periods and need not be paid if the employee is relieved of all duties.

Vermont

Vermont has a lactation break law, requiring employers to provide reasonable break time for lactating employees throughout the day. Employers can decide whether these breaks are paid or unpaid unless specified by a collective bargaining agreement.

Virginia

Virginia defaults to federal law for breaks for workers aged 16 and over. If an employer offers a meal break, it must be paid if it is less than 20 minutes. Employees working more than 5 consecutive hours are entitled to a 30-minute break, given between 2 and 5 hours from the start of their shift.

Lunch breaks for minors

While federal law does not require companies to offer breaks for meals or any other purpose, minors are afforded more leniency when it comes to lunch breaks.

Alabama

Minors aged 14-17 who work for more than five consecutive hours are entitled to a 30-minute break.

Alaska

Minors aged 14-17 who work for more than five consecutive hours are entitled to a 30-minute break.

Arizona

There are no specific state-mandated meal or rest breaks for minors. However, minors under 16 working in the entertainment industry may be entitled to rest breaks.

Arkansas

There are no specific state-mandated meal or rest breaks for minors.

California

Employees in specific industries (retail, service, food & beverage, healthcare, and commercial support services) who work five consecutive hours must receive a 30-minute meal break.

Colorado

There are no additional state-mandated meal or rest breaks for minors.

Connecticut

There are no specific state-mandated meal or rest breaks for minors.

Delaware

There are no specific state-mandated meal or rest breaks for minors.

Florida

Minors under 16 must receive a 30-minute unpaid meal or rest break after working for five consecutive hours.

Georgia

Minors under 16 must receive one or two breaks totalling 30 minutes. These can be unpaid meal breaks or rest breaks.

Hawaii

Minors under 16 must receive a 30-minute unpaid meal break after working for five or more consecutive hours.

Idaho

There are no specific state-mandated meal or rest breaks for minors.

Illinois

Minors under 16 must receive a 30-minute paid meal break after working for five consecutive hours.

Indiana

Minors under 16 must receive a 30-minute unpaid meal break after working for five consecutive hours.

Iowa

Minors under 16 must receive a 30-minute unpaid meal break after working for five consecutive hours.

Kansas

There are no specific state-mandated meal or rest breaks for minors.

Kentucky

There are no specific state-mandated meal or rest breaks for minors.

Louisiana

Currently, any minor working in Louisiana is required to take a 30-minute lunch break if they work for at least five hours. However, House Bill 156, authored by Rep. Roger Wilder of Denham Springs, is looking to change that.

Maine

There are no specific state-mandated meal or rest breaks for minors.

Maryland

There are no specific state-mandated meal or rest breaks for minors.

Massachusetts

There are no specific state-mandated meal or rest breaks for minors.

Michigan

There are no specific state-mandated meal or rest breaks for minors.

Minnesota

There are no specific state-mandated meal or rest breaks for minors.

Mississippi

There are no specific state-mandated meal or rest breaks for minors.

Missouri

There are no specific state-mandated meal or rest breaks for minors.

Montana

There are no specific state-mandated meal or rest breaks for minors.

Nebraska

There are no specific state-mandated meal or rest breaks for minors.

Nevada

There are no specific state-mandated meal or rest breaks for minors.

New Hampshire

There are no specific state-mandated meal or rest breaks for minors.

New Jersey

Minors under 18 must receive a 30-minute unpaid meal break after working for five consecutive hours.

New Mexico

There are no specific state-mandated meal or rest breaks for minors.

New York

There are no specific state-mandated meal or rest breaks for minors.

North Carolina

There are no specific state-mandated meal or rest breaks for minors.

North Dakota

There are no specific state-mandated meal or rest breaks for minors.

Ohio

Minors under 16 must receive a 30-minute break for every five hours worked and one hour for every eight hours worked.

Oklahoma

There are no specific state-mandated meal or rest breaks for minors.

Oregon

A 30-minute unpaid break after working five consecutive hours for minors aged 14-17.

Pennsylvania

There are no specific state-mandated meal or rest breaks for minors.

Rhode Island

There are no specific state-mandated meal or rest breaks for minors.

South Carolina

There are no specific state-mandated meal or rest breaks for minors.

South Dakota

There are no specific state-mandated meal or rest breaks for minors.

Tennessee

There are no specific state-mandated meal or rest breaks for minors.

Texas

Minors under 18 must receive a 30-minute break for lunch no later than five hours into the workday. They must also be given a 10-minute rest break for every four hours worked and cannot work for more than three consecutive hours without a 10-minute break.

Utah

There are no specific state-mandated meal or rest breaks for minors.

Vermont

There are no specific state-mandated meal or rest breaks for minors.

Virginia

Employees under 16 must receive a 30-minute unpaid meal break after working for five consecutive hours.

Washington

There are no specific state-mandated meal or rest breaks for minors.

West Virginia

There are no specific state-mandated meal or rest breaks for minors.

Wisconsin

There are no specific state-mand

Lunch breaks for adults

Lunch breaks are not mandated by federal law in the United States. However, if employers choose to offer short breaks, federal law considers breaks under 20 minutes as paid work hours. Breaks over 30 minutes can be unpaid and classified as "off-the-clock".

Some states have their own laws regarding lunch breaks for adults, which employers must follow to avoid fines and lawsuits. For example, in California, workers must receive an uninterrupted, unpaid 30-minute 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. In Alabama, if an employer provides a break for workers aged 16 and above, it must be paid if it lasts less than 20 minutes. Breaks longer than 30 minutes do not need to be paid, as long as the employee is relieved of all duties.

It is important to note that lunch break laws only apply to non-exempt employees. For exempt employees earning over $23,000 annually, breaks are left to the employer's discretion.

Lunch breaks and pay

While federal law in the US does not require lunch or coffee breaks, it does specify that if employers offer short breaks (typically lasting 5-20 minutes), these are considered compensable work hours. This means that they are included in the sum of hours worked during the workweek and are taken into account when determining if overtime was worked.

On the other hand, meal periods (typically lasting at least 30 minutes) are not considered work time and are not compensable. If an employee works through their meal period, this time must be paid unless the employer has expressly communicated that the break may only last for a specific length of time and that any extension of the break will be punished.

While there is no federal law mandating lunch breaks, some states have implemented laws outlining what a reasonable lunch break entails. These laws vary from state to state, and it is important to stay up-to-date on the specific regulations in your state. In general, for non-exempt employees, rest breaks (under 20 minutes) are paid, and meal breaks (over 30 minutes) are unpaid.

• 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 unpaid meal break when working more than 12 hours in a day. They are also entitled to a paid 10-minute rest period for every four hours worked.
• In New York, factory workers are required to have a one-hour noon-day meal period unless the Labor Commissioner grants permission for a shorter period. For all other establishments, a half-hour meal break is required for shifts over six consecutive hours that extend over the noon-day meal period.
• In Texas, employees must receive a 30-minute unpaid meal break for every six hours worked, and this break cannot be scheduled during or before the first hour of work activity.
• In Alabama, 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 are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.

Frequently asked questions