Understanding Rest Break Laws: Your Rights Explained

While there is no federal law requiring companies to offer breaks during work hours for meals or any other purpose, each state has different 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”.

Federal law on rest breaks

Federal law does not require companies to offer breaks during work hours for meals or any other purpose. However, according to the U.S. Department of Labor, if a company chooses to allow break periods, any break under 20 minutes is considered part of the workday and must be paid. Breaks lasting longer than 30 minutes can be unpaid and classified as "off-the-clock".

The Fair Labor Standards Act (FLSA) does not require employers to give breaks to their employees. However, it has become a common practice and reasonable expectation for employers to offer unpaid lunch breaks to employees who work for a certain number of hours, which varies per state and industry. Per the FLSA, employers need not pay employees during meal breaks in any state. However, employers must allow employees to take the full lunch break without working unless a state law specifies otherwise.

Federal law states that all 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, so long as employees don't work during that time. Employees under the age of 16 must receive a documented 30-minute meal/rest break if they are working for 5 consecutive hours or more. Employees over the age of 16 are not required to take breaks.

State law on rest breaks

State laws on rest breaks vary across the United States. While federal law does not require meal or rest breaks, some states have laws mandating meal and rest breaks, and non-compliance can result in fines and lawsuits.

Alabama

Alabama follows 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 relieved of all duties.

Alaska

Alaska follows 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 relieved of all duties.

Arizona

Arizona follows 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 relieved of all duties.

Arkansas

Arkansas adheres to federal law regarding breaks for workers of all ages. If an employer offers a break, it must be paid if it is less than 20 minutes. Breaks longer than 30 minutes do not need to be paid if the employee is relieved of all duties. Additionally, Arkansas has a special lactation break law, requiring employers to provide reasonable unpaid break time for employees who are lactating.

California

In California, most 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 and a paid 10-minute rest period for every four hours worked.

Colorado

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

Delaware

Delaware follows federal guidelines for workers aged 18 and over. If an employer chooses to provide a meal break, it must be paid only if it is less than 20 minutes. A break longer than 30 minutes is not counted as work time if the employee is relieved of all duties.

Florida

Florida adheres 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 is less than 20 minutes. Breaks lasting longer than 30 minutes are not counted as work time if the employee is relieved of all duties.

Georgia

Georgia follows federal law regarding breaks for all workers. If an employer chooses to provide a meal break, it must be paid only if it is less than 20 minutes. Breaks lasting longer than 30 minutes are not counted as work time if the employee is relieved of all duties.

Hawaii

Hawaii follows federal guidelines regarding breaks for workers aged 16 and over. If an employer chooses to provide a meal break, it must be paid only if it is less than 20 minutes. Breaks lasting longer than 30 minutes are not counted as work time if the employee is relieved of all duties.

Indiana

Indiana adheres to federal law regarding breaks for workers aged 18 and above. If an employer chooses to provide a meal break, it must be paid only if it is less than 20 minutes. Breaks lasting longer than 30 minutes are not counted as work time if the employee is relieved of all duties.

Iowa

Iowa follows 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 is less than 20 minutes. Breaks lasting longer than 30 minutes are not counted as work time if the employee is relieved of all duties.

Kansas

Kansas adheres to federal law regarding breaks for all workers. If an employer chooses to provide a meal break, it must be

Rest breaks for minors

The laws on rest breaks for minors vary from state to state in the US. While federal law does not require companies to offer breaks during work hours for meals or any other purpose, 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.

Some states have laws requiring meal and rest breaks, and non-compliance can result in severe fines and even lawsuits. For example, in California, employers who fail to provide compliant meal or rest breaks face hefty fines, wage and hour lawsuits, and other penalties.

Alabama

Alabama law requires that employers provide a 30-minute unpaid rest period for minors under 16 years old who work for more than five consecutive work hours.

Indiana

The state of Indiana requires that employees under the age of 18 be provided with one or two rest breaks totalling at least 30 minutes when they are scheduled to work at least six consecutive hours.

Delaware

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

Louisiana and Michigan

Louisiana and Michigan require employers to give 30-minute breaks to employees under 18 for shifts longer than five consecutive hours.

Hawaii

In Hawaii, minors aged 14 and 15 are entitled to a 30-minute break when working five consecutive hours.

Texas

In Texas, minors under 18 are entitled to a 10-minute rest break for every four hours worked and cannot work more than three consecutive hours without a break.

Vermont

Vermont law requires that employees under 16 be given a 30-minute meal break if they are working for five or more consecutive hours.

Oregon

Minors under 18 in Oregon must receive a 30-minute meal break when working for five or more consecutive hours.

New York

In New York, the same meal break laws apply to minors as to adults. However, employees under 16 must be relieved from duty and are not allowed to eat while working under any circumstances.

Illinois

In Illinois, minors under 18 must receive one or two breaks totalling 30 minutes if they are working six or more consecutive hours.

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.

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.

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.

Arkansas

Arkansas law requires employers to provide reasonable unpaid break time to employees who are lactating. These breaks must be taken in a private place, not a bathroom stall.

California

In California, employees get a 30-minute paid meal break during shifts 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.

Ohio

Ohio law states that minors under 16 must be given a 30-minute break for every five hours worked and one hour for every eight hours worked.

Pennsylvania

Pennsylvania 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.

North Carolina

North Carolina requires that minors under 18 working five consecutive hours or more be given at least a 30-minute unpaid break.

Georgia

Georgia defaults to federal law regarding breaks for all workers. If an employer chooses to provide

Rest breaks for adults

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, any break under 20 minutes is considered part of the workday and must be paid, and breaks over 30 minutes can be unpaid and classified as "off-the-clock".

While there is no federal mandate, some states have laws requiring meal and rest breaks, and non-compliance can result in severe fines and even lawsuits. These laws vary significantly regarding duration, frequency, and whether breaks must be paid or unpaid. For example, in California, employees are legally required to take their meal breaks, and employers can face severe penalties if employees are skipping their breaks or working off the clock during their lunch breaks. In contrast, in Arkansas, there are no laws regarding breaks, and the federal standards apply, meaning breaks are at the employer's discretion.

Additionally, specific professions, such as healthcare and transportation, may be prohibited from skipping breaks for safety or regulatory reasons.

It is important to note that all employees under the age of 16 must receive a documented 30-minute meal/rest break if they are working for 5 consecutive hours or more. Employees over the age of 16 are generally not required to take breaks, except in certain states such as California, where all employees must take meal breaks.

Furthermore, employers must provide reasonable break time for nursing mothers for up to one or two years after childbirth, depending on the state.

In summary, while there is no federal mandate for meal or rest breaks, it is essential to be aware of the specific laws in your state, as they can vary significantly, and non-compliance can result in penalties.

Rest breaks for employees in the retail and service industry

Rest breaks are an important aspect of the work day, allowing employees to take a short period of time to rest during work hours. While federal law in the U.S. does not require meal or rest breaks, some states have their own laws mandating these breaks. In the absence of state laws, federal standards apply, which recommend that breaks under 20 minutes are paid and breaks over 30 minutes are unpaid.

Retail and Service Industry

Employees in the retail and service industry are entitled to a 10-minute paid rest break for every 4 hours worked. This break should ideally be provided in the middle of their work period, rather than at the beginning or end. This is in addition to meal breaks, which are longer periods of uninterrupted rest.

Meal Breaks

Employees in the retail and service industry are entitled to a 30-minute meal break when they work for 5 or more consecutive hours. This break must be provided sometime after the first 2 hours of their shift and before the last 2 hours.

Exemptions

Employers are exempt from providing meal breaks if:

• Complying endangers public safety
• The duties can only be performed by one specific employee
• There are fewer than 5 employees at the job site
• Employees need to be available to respond to urgent conditions
• There is a collective bargaining agreement that provides otherwise
• The employee works directly with children

State Laws

It is important to note that break laws vary by state, and some states have their own specific regulations. For example, in California, employees are entitled to a 30-minute paid meal break during a shift longer than 5 consecutive hours, and a second 30-minute rest break if the shift is longer than 10 hours.

Compliance

Managers and employers should be aware of the break laws in their state and take appropriate action to uphold them. Non-compliance can result in severe fines and even lawsuits. Utilizing scheduling software and payroll systems can help automate the process and reduce the risk of violations.

Frequently asked questions