Paid Work Breaks: Understanding Your Legal Rights

Laws regarding paid breaks at work vary depending on the state and the age of the employee. Federal law does not require lunch or coffee breaks, but when employers offer short breaks, they are considered compensable work hours. Meal breaks, which are typically 30 minutes or longer, are not considered work time and are therefore unpaid. However, different states have different laws on breaks for employees. For example, in California, workers must receive an uninterrupted 30-minute unpaid meal break when working more than five hours in a day. Additionally, employees under the age of 18 are often afforded more break leniency than adult employees, with some states requiring a 30-minute meal break for every five hours worked.

Federal law on paid breaks

Federal law does not require employers to give their staff meal or rest breaks. However, if an employer chooses to offer short breaks, usually lasting 5 to 20 minutes, federal law considers these as paid work hours. This means that they would be included in the sum of hours worked during the workweek and considered in determining if overtime was worked.

On the other hand, meal breaks, typically lasting at least 30 minutes, are not considered work time and are not paid. If an employee chooses to extend their authorised short break without permission, this additional time need not be counted as work time.

It is important to note that these federal standards only apply when a state has no laws regarding breaks.

State laws on paid breaks

While federal law does not require companies to offer breaks during work hours for meals or any other purpose, some states have laws requiring meal and rest breaks. 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".

• 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.
• Alaska: In Alaska, employees must provide a half-hour break to employees aged 14 to 17 if they work 6 hours or more.
• Arizona: Arizona defaults to federal law regarding breaks for all workers. If an employer offers a meal break, it must be paid if it lasts less than 20 minutes.
• Arkansas: Labor laws in Arkansas only require breaks for children under 16 in the entertainment industry.
• California: California labor laws state that 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.
• Colorado: Workers 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.
• Connecticut: In Connecticut, employees are entitled to a half-hour meal break if they work 7.5 hours or more.
• Delaware: Employees in Delaware get a 30-minute meal break if they work 7.5 hours or longer. 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.
• Georgia: Georgia defaults to federal law regarding breaks for all workers.
• Hawaii: Employees under 16 must get half-hour breaks when working 5 or more hours.
• Illinois: Twenty-minute rest breaks are granted to employees who work 7.5 or more hours in a shift.
• Indiana: Workers under the age of 18 must get 30-minute meal breaks when they work 6 straight hours.
• Iowa: Iowa defaults to federal law regarding breaks for workers aged 16 and over.
• Kansas: Kansas defaults to federal law regarding breaks for all workers.
• Kentucky: Employees must get a paid 10-minute rest period for every 4 hours worked. Workers are also entitled to a reasonable meal period during a shift.
• Louisiana: Employers are required to give employees under the age of 18 a 30-minute meal break when working 5 or more hours.
• Maine: Maine requires a 30-minute rest break for work periods of over six hours.
• Maryland: Minors under 18 get a break for at least 30 minutes when working 5 or more hours in a shift.
• Massachusetts: Massachusetts requires a meal break of 30 minutes when an employee works 5 to 6 hours.
• Michigan: Michigan requires employers to give 30-minute breaks to employees under 18 for shifts longer than five consecutive hours.
• Minnesota: Employers must provide employees with sufficient bathroom breaks and time to eat for employees who work 4 hours in a row.
• Mississippi: Mississippi defaults to federal law regarding breaks for all workers.
• Missouri: Missouri defaults to federal law regarding breaks for all workers.
• Montana: Montana defaults to federal law regarding breaks for all workers.
• Nebraska: For every 8-hour shift, employees in workshops, assembly plants, and other mechanical establishments work, they are entitled to a 30-minute lunch period.
• Nevada: Employees are entitled to a 30-minute meal break for every 8 hours of consecutive work. They are also allowed a 10-minute rest for every 4 hours worked.
• New Hampshire: The law requires an unpaid 30-minute meal break for every 5 hours worked.
• New Jersey: New Jersey does not mandate employers to provide meal or rest breaks for adult workers.
• New Mexico: New Mexico defaults to federal law regarding breaks for all workers.
• New York: Different industries in New York have different meal and break requirements. Mercantile and other establishments must allow employees a half-hour break for lunch.
• North Carolina: Employees under 16 must be given a 30-minute meal break when working 5 or more hours in a shift.
• North Dakota: Employees who work 5 or more hours in a shift must get a 30-minute meal period when two or more people are working a shift.
• Ohio: Ohio does not require employers to provide break periods (such as lunch or rest breaks) for adult workers.
• Oklahoma: Employers must give minors under the age of 16 a 30-minute meal break when they work 5 hours or more in a shift.
• Oregon: Employees who work between 6 and 8 hours are entitled to a 30-minute unpaid break.
• Pennsylvania: Employers are required to give minors under 18 a 30-minute rest period when working shifts of 5 hours or longer.

Worker rights

Federal law does not require employers to give their employees meal or rest breaks. However, if they do offer short breaks, those breaks are considered compensable work hours and must be paid. Short breaks usually last between 5 and 20 minutes. If an employee takes an unauthorised extension of an authorised break, this does not need to be counted as part of their working hours, provided that the employer has expressly and unambiguously communicated that any extension of the break is against the rules and will be punished.

Meal periods, which usually last at least 30 minutes, are not considered work time and do not need to be paid, provided that the employee is relieved of their work duties and is free to leave the premises.

While federal law does not require breaks, some states have their own laws mandating them. 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 unpaid meal 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 Wisconsin, if you are under 18 years old, your employer must provide you with a 30-minute duty-free meal period for every six consecutive hours of work. However, if you are 18 or older, your employer is not required to give you breaks or meal periods.

In Alabama, if an employer chooses to provide a break for workers aged 16 or over, 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.

In Texas, minors must receive a 30-minute meal break no later than five hours into the workday, a 10-minute rest break for every four hours worked, and cannot work for three consecutive hours without a 10-minute break.

It is important to check the specific laws in your state, as they vary widely.

Employer obligations

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 over 30 minutes can be unpaid and classified as “off-the-clock”.

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.

Employers must pay workers at the rate that was promised, either in writing or verbally. They also have to notify workers of when and how much they will be paid. Workers must be paid an hourly rate that equals at least the state’s minimum wage.

Employers must provide workers with “reasonable opportunities” to eat and use the bathroom during the workday. There is no law regarding the length of these break periods, but meal breaks must be paid if they are less than 20 minutes long.

In California, workers must receive the following breaks:

• An uninterrupted 30-minute unpaid meal break when working more than five hours in a day.
• An additional 30-minute unpaid meal break when working more than 12 hours in a day.
• A paid 10-minute rest period for every four hours worked.

In Wisconsin, if you are under 18 years old, your employer must provide you with a 30-minute duty-free meal period for every six consecutive hours of work. Other breaks, including breaks of shorter duration, are not required but may be offered by your employer.

Enforcement of break laws

The enforcement of break laws varies across different states in the US. While federal law does not require lunch or coffee breaks, it considers short breaks (5-20 minutes) as compensable work hours. On the other hand, meal periods, typically lasting at least 30 minutes, are not considered work time and are not compensated.

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. It is illegal for employers to retaliate against workers for exercising their labor rights, and workers can notify the Labor Commissioner of any retaliation, which may result in an investigation and potential penalties for the employer.

New York State law mandates that employees working more than six hours, spanning the midday meal period, are entitled to at least a 30-minute unpaid lunch break. While short breaks (typically 20 minutes or less) are not mandated, employers must compensate employees if they offer these breaks. Factory workers in New York are entitled to a 60-minute lunch break.

Washington State law includes specific provisions for meal and rest breaks to promote health and productivity. Employees working over five hours must receive a 30-minute unpaid meal break and a paid 10-minute rest break for every four hours worked. Meal breaks should occur no later than the end of the fifth hour of work, and rest breaks should be evenly spaced throughout the work period. Employees cannot waive their right to these breaks, although certain critical or emergency roles may have modified break rules.

New Jersey state law differentiates between adults and minors regarding break entitlements. For adults in the private sector, employers are not mandated to provide meal or rest breaks, although many employers offer breaks voluntarily. For minors, New Jersey law mandates a 30-minute break for every five consecutive hours of work.

In Texas, there are no specific work break laws, so breaks are not required by law (except for minors). If an employer chooses to provide breaks, federal law applies, where breaks shorter than 20 minutes must be paid. Meal breaks, typically 30 minutes or longer, do not need to be compensated. For minors, Texas law mandates a 30-minute lunch break after any continuous work of five hours.

In summary, the enforcement of break laws depends on the specific state and industry, with some states having more stringent requirements than others. While federal law does not mandate meal or rest breaks, it does require compensation for short breaks offered by employers.

Frequently asked questions