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The break laws for a 5-hour work shift vary across different states and countries. In the United States, federal law does not mandate lunch or coffee breaks for employees. However, if employers choose to provide short breaks, usually lasting 5 to 20 minutes, these breaks are considered compensable work hours and are included in the total weekly work hours. Meal breaks, typically 30 minutes or longer, are not considered work time and are generally unpaid.
Some states have specific regulations for breaks. For example, in California, employees must receive an uninterrupted, unpaid 30-minute meal break when working more than 5 hours, and an additional 30-minute break for working more than 12 hours. In Alabama, employers must provide a 30-minute meal break for employees under 16 years old who work more than 5 continuous hours. In contrast, Alaska requires a 30-minute break for employees aged 14 to 17 who work 6 hours or more.
It's important to note that break laws can vary based on age, industry, and other factors, so it's always best to refer to the specific regulations in your state or country.
Break Laws for 5 Hours Work
Characteristics | Values |
---|---|
Meal breaks | Lasts at least 30 minutes and can be unpaid. |
Coffee/short breaks | Lasts 5-20 minutes and are considered as compensable work hours. |
Exemptions | Employees over the age of 16 or 18 are not required to take breaks. |
What You'll Learn
Meal breaks for minors
Alabama
Minors under 16 years old who work for more than five consecutive work hours are entitled to a 30-minute unpaid rest period.
Alaska
Minors aged 14-17 who work for five or more consecutive hours are entitled to a 30-minute break.
Arizona
There is no specific mention of meal breaks for minors.
Arkansas
There is no specific mention of meal breaks for minors.
California
There is no specific mention of meal breaks for minors.
Colorado
There is no specific mention of meal breaks for minors.
Connecticut
There is no specific mention of meal breaks for minors.
Delaware
There is no specific mention of meal breaks for minors.
Florida
There is no specific mention of meal breaks for minors.
Georgia
There is no specific mention of meal breaks for minors.
Hawaii
14 and 15-year-olds who work for five or more consecutive hours are entitled to a 30-minute break.
Idaho
There is no specific mention of meal breaks for minors.
Illinois
Minors under 16 years old who work for five or more consecutive hours are entitled to a 30-minute unpaid meal or rest break.
Indiana
There is no specific mention of meal breaks for minors.
Iowa
There is no specific mention of meal breaks for minors.
Kansas
There is no specific mention of meal breaks for minors.
Kentucky
There is no specific mention of meal breaks for minors.
Louisiana
There is no specific mention of meal breaks for minors.
Maine
There is no specific mention of meal breaks for minors.
Maryland
There is no specific mention of meal breaks for minors.
Massachusetts
There is no specific mention of meal breaks for minors.
Michigan
There is no specific mention of meal breaks for minors.
Minnesota
There is no specific mention of meal breaks for minors.
Mississippi
There is no specific mention of meal breaks for minors.
Missouri
There is no specific mention of meal breaks for minors.
Montana
There is no specific mention of meal breaks for minors.
Nebraska
There is no specific mention of meal breaks for minors.
Nevada
There is no specific mention of meal breaks for minors.
New Hampshire
There is no specific mention of meal breaks for minors.
New Jersey
There is no specific mention of meal breaks for minors.
New Mexico
There is no specific mention of meal breaks for minors.
New York
There is no specific mention of meal breaks for minors.
North Carolina
There is no specific mention of meal breaks for minors.
North Dakota
There is no specific mention of meal breaks for minors.
Ohio
There is no specific mention of meal breaks for minors.
Oklahoma
There is no specific mention of meal breaks for minors.
Oregon
There is no specific mention of meal breaks for minors.
Pennsylvania
There is no specific mention of meal breaks for minors.
Rhode Island
There is no specific mention of meal breaks for minors.
South Carolina
There is no specific mention of meal breaks for minors.
South Dakota
There is no specific mention of meal breaks for minors.
Tennessee
There is no specific mention of meal breaks for minors.
Texas
Minors under 18 years old who work for five or more consecutive hours are entitled to a 30-minute lunch break 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 break.
Utah
There is no specific mention of meal breaks for minors.
Vermont
There is no specific mention of meal breaks for minors.
Virginia
14 and 15-year-olds must have a 30-minute meal break before working four consecutive hours. 16 and 17-year-olds must have a 30-minute meal break no less than two hours and no more than five hours from the beginning of their shift.
Washington
There is no specific mention of meal breaks for minors.
West Virginia
There is no specific mention of meal breaks for minors.
Wisconsin
There is no specific mention of meal breaks for minors.
Wyoming
There is no specific mention of meal breaks for minors.
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Rest breaks for minors
The break laws for minors vary across different states in the US. Here is a detailed overview of the rest break rules for minors in various states:
Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Hawaii, Indiana, Iowa, Kansas, Louisiana, Michigan, Mississippi, Missouri, Montana, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Utah, Virginia, Wisconsin, and Wyoming:
Minors aged 14-17 who work for five or more consecutive hours are entitled to a 30-minute break.
Texas:
Minors under 18 years of age are entitled to a 30-minute break for every five hours worked and a 10-minute rest break for every four hours worked. They cannot work for more than three consecutive hours without a 10-minute break.
Washington:
Youth under 16 years old must take a rest break of at least ten minutes for every two hours worked. They cannot work for more than two hours without a ten-minute rest break or a thirty-minute meal period. Youth aged 16-17 are entitled to a 10-minute paid rest break for every four hours worked and an uninterrupted 30-minute meal break if they work more than five hours in a day.
Vermont:
Minors under 16 years of age who work for five or more consecutive hours are entitled to a 30-minute break.
Tennessee:
Minors under 18 years of age are entitled to a 30-minute break for every five hours worked and a 15-minute rest break for every four hours worked.
Delaware:
Minors are given a 30-minute break for five hours worked, while adults receive the same break time for seven and a half hours of work.
Louisiana and Michigan:
Minors under 18 years of age are entitled to a 30-minute break for shifts longer than five consecutive hours.
Oregon:
Minors are entitled to a 30-minute meal and rest break. Persistent violations of these break rules can result in significant fines.
Maine:
Maine has a rest break rule requiring a 30-minute break for work periods of over six hours.
Colorado:
Minors are entitled to a 30-minute meal break for five-hour shifts and a 10-minute break for every four hours of work.
It is important to note that federal law does not mandate breaks, but if breaks are provided, those under 20 minutes are considered compensated work hours, and breaks over 30 minutes can be unpaid. Additionally, minors cannot waive their right to meal or rest breaks in most states.
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Meal breaks for adults
Some states have their own laws regarding meal breaks for adults. Here are some examples:
- In California, employees must receive an uninterrupted 30-minute unpaid meal break when working more than five hours in a day. If they work more than 12 hours in a day, they are entitled to an additional 30-minute unpaid meal break.
- In Connecticut, employees are entitled to a half-hour meal break if they work 7.5 hours or more. This break can be unpaid and should be given after the first 2 work hours and before the last 2 work hours.
- In Delaware, employees get a 30-minute meal break if they work 7.5 hours or longer. This break can be unpaid and should be taken after the first 2 hours of work but before the last 2 hours.
- In Illinois, employees who work 7.5 or more hours in a shift are entitled to a 20-minute rest break. It can be unpaid and should be given before the sixth hour of the shift.
- In New York, mercantile and other establishments must allow employees a half-hour break for lunch. Employees who work longer than 6 hours a day over the lunch period are allowed a 30-minute lunch break at noon.
- In Oregon, employees who work between 6 and 8 hours are entitled to a 30-minute unpaid break. The break should be uninterrupted, and employees must be relieved of all work responsibilities. If the shift is 7 hours or less, meal breaks should be taken before the fifth hour and after the second.
- In Washington, employees are entitled to a 10-minute rest break every 4 hours they work. Employees who work more than 5 hours in a shift are entitled to a 30-minute food break, which should be given between the second and fifth hour of work.
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Rest breaks for adults
The break laws for adults differ across various states in the US. While federal law does not require meal or rest breaks, it does state 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”. It is up to the states to choose their own lunch and rest break laws. Some states default to the federal policy, while others have their own set of specific regulations to follow.
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 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. The same rules apply as in Alabama.
Arizona
Arizona 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.
Arkansas
Arkansas defaults to federal law regarding breaks for workers of all ages. The same rules apply as in Arizona.
California
In California, employees should get a half-hour to take a meal break when working 5 hours in a row. Employees who work over 10 hours a day are entitled to a second meal break. The first meal break should occur before the start of the sixth work hour. The second break should take place before the end of hour 10. These breaks are counted towards hours worked unless employees have no work duties and can freely leave their station or the premises. They should be paid according to hourly rates.
Colorado
Workers in Colorado are entitled to a meal break of 30 minutes when working for five consecutive hours. During this break, the employee must be free from all work-related duties. The break may be unpaid. Employees who cannot take a break without work must take an “on-duty” break and be compensated for the time. Both employers and employees must agree upon this.
Connecticut
In Connecticut, employees are entitled to a half-hour meal break if they work 7.5 hours or more. The break must be given after the first 2 work hours and before the last two work hours. These breaks can be unpaid. The federal rule applies to all other employees.
Delaware
Employees in Delaware get a 30-minute meal break if they work 7.5 hours or longer. This break can be unpaid and should take place after the first 2 hours of work but before the last 2 hours. Workers under 18 must be given a 30-minute non-work period when they work 5 consecutive hours.
Florida
30-minute meal breaks are granted to employees under 18 who work 4 or more hours in one shift.
Hawaii
Employees under 16 must get half-hour breaks when working 5 or more hours.
Illinois
In Illinois, twenty-minute rest breaks are granted to employees who work 7.5 or more hours in a shift. It can be unpaid and should be given before the sixth hour of the shift.
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Waiving breaks
In California, for example, non-exempt employees are entitled to an unpaid meal or lunch break lasting a minimum of 30 minutes for shifts exceeding five hours. This break, which should commence before the completion of the fifth hour of work, can be waived only if the workday does not surpass six hours. An employee working six hours or less in one shift may waive their right to a meal break, and waivers for meal breaks do not need to be in writing, but both parties must consent to the waiver.
If an employee's shift is greater than ten hours, but will not exceed 12 hours, they can waive their right to a second meal break as long as they take the first meal break. An employee cannot waive both breaks in one workday.
In some situations, including on-duty meal breaks, employees may be required to take their meal breaks on-site. In these instances, the employer must provide a suitable place to eat, and the employee must be paid, even if they are relieved of their duties.
In addition to meal breaks, California requires employers to provide employees with ten-minute rest breaks for every four hours (or major fraction) worked. Anything over two hours is a "major fraction" of a four-hour period. Nonexempt employees who work less than three-and-a-half hours are not entitled to rest breaks.
Employees may skip rest breaks, and employers cannot pressure or encourage employees to waive rest breaks.
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Frequently asked questions
Federal law does not require breaks, but each state has its own laws. Breaks shorter than 20 minutes are considered part of the workday and must be paid. Breaks longer than 30 minutes can be unpaid.
Yes, there are. For example, in some states, minors under 16 must receive a 30-minute meal/rest break if they are working for 5 consecutive hours or more.
Yes. For example, in some states, employees in the retail, food and beverage, commercial support, health, and medical industries are entitled to a 10-minute paid break for every 4 hours worked.
Yes, outdoor workers must be allowed to take breaks whenever needed to prevent heat illness.
Violating break laws can result in costly fines or penalties. For example, in Pennsylvania, employers can receive a fine of $75 to $300 or a prison term of 10 to 60 days.