Keith Mack
Laws regarding breaks for workers differ from state to state in the US. While federal law does not require lunch or coffee breaks, it does state that if employers offer breaks shorter than 20 minutes, these are considered compensable work hours. Meal breaks, which are typically 30 minutes or longer, are not considered work time and are not compensable.
Some states, such as Illinois, have their own laws about work breaks. For example, the Illinois One Day Rest in Seven Act (ODRSA) allows employees one meal break per shift of 7.5 hours or more.
| Characteristics | Values |
|---|---|
| Federal law requiring lunch or coffee breaks | No |
| Short breaks considered as compensable work hours | Yes |
| Meal periods considered as work time | No |
| Minimum break time for employees under 16 | 30 minutes |
| Maximum work time for employees under 16 without a break | 5 hours |
| Minimum break time for employees under 18 | 30 minutes |
| Maximum work time for employees under 18 without a break | 5 hours |
| Restroom breaks counted against meal break | No |
| Maximum consecutive workdays without a day off | 6 days |
| Minimum break time for employees over 18 | 20 minutes |
| Maximum work time without a break for employees over 18 | 6 hours |
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What You'll Learn
Federal law on breaks
Federal law does not require employers to provide their employees with lunch or coffee breaks. However, if an employer does offer short breaks, typically lasting 5 to 20 minutes, federal law considers these as compensable work hours. This means that the breaks are included in the sum of hours worked during the workweek and are considered when determining if overtime was worked.
If an employee takes an unauthorized extension of an authorized work break, this additional time does not need to be counted as hours worked, provided that the employer has expressly communicated to the employee that the break may only last for a specific length of time, and that any extension of the break will be punished.
Meal periods, typically lasting at least 30 minutes, are considered differently. They are not considered work time and are not compensable.
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State-specific break laws
The United States Department of Labor states that federal law does not require meal or rest breaks. However, each state has its own laws on breaks for employees. While some states default to federal law, others have their own set of specific regulations.
Alabama
Alabama defaults to federal law regarding breaks for workers aged 16 and over. Employers are not required to provide breaks, but if they choose to do so, breaks under 20 minutes must be paid. Breaks over 30 minutes are unpaid and are classified as meal periods.
Alaska
Alaska defaults to federal law regarding breaks for workers aged 18 and over. Employers are not required to provide breaks, but if they choose to do so, breaks under 20 minutes must be paid. Breaks over 30 minutes are unpaid and are classified as meal periods.
Arkansas
Arkansas defaults to federal law regarding breaks for workers of all ages. Employers are not required to provide breaks, but if they choose to do so, breaks under 20 minutes must be paid. Breaks over 30 minutes are unpaid.
Arkansas does have a special lactation break law, requiring employers to provide reasonable unpaid break time to employees who are lactating. These breaks must be taken in a private place that is not a bathroom stall.
California
California labor laws state that employees should get a 30-minute meal break when working five hours in a row. Employees who work over 10 hours a day are entitled to a second 30-minute meal break. These breaks are counted towards hours worked and should be paid according to hourly rates unless the employee is relieved of all work duties. Employees are allowed to take a 10-minute paid rest break every four hours.
Colorado
Colorado requires a 30-minute meal break for five-hour shifts and a 10-minute rest break for every four hours of work.
Connecticut
In Connecticut, employees are entitled to a 30-minute meal break if they work 7.5 hours or more. The break must be given after the first two 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 two hours of work but before the last two hours. Workers under 18 must be given a 30-minute non-work period when they work five consecutive hours.
Florida
In Florida, 30-minute meal breaks are granted to employees under 18 who work four or more hours in one shift.
Hawaii
Employees under 16 in Hawaii must get 30-minute breaks when working five or more hours.
Illinois
Illinois grants 20-minute rest breaks 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.
Indiana
Indiana requires workers under 18 to take a 30-minute meal break when working six straight hours. Indiana does not mandate the length of the break to be paid. Indiana also does not require employers to provide short rest breaks, but if they choose to do so, they must compensate employees for this time.
Kentucky
Kentucky mandates a paid 10-minute rest period for every four hours worked and a reasonable meal period for employees. The law does not specify how long meal breaks need to be and they can be unpaid. Employees under 18 must take a 30-minute meal break when working five or more hours.
Louisiana
Louisiana requires employers to give employees under 18 a 30-minute meal break when working five or more hours. The break can be unpaid as long as the employee is free from work responsibilities.
Employees should be allowed to take a 30-minute unpaid meal break when working six hours in a row if there are three or more people on shift.
Maryland
Maryland mandates that minors under 18 get a break for at least 30 minutes when working five or more hours in a shift. The Healthy Retail Employee Act states that only specific retail employers must give workers breaks, with the break length and frequency based on shift length.
Minnesota
Minnesota requires employers to provide employees with sufficient bathroom breaks and time to eat for employees who work four hours in a row. Employees working eight or more hours in a shift should also be given time to eat a meal, usually 30 minutes. Breaks under 20 minutes are paid.
Nebraska
Nebraska mandates that for every eight-hour shift, employees in workshops, assembly plants, and other mechanical establishments are entitled to a 30-minute lunch period.
Nevada
Nevada entitles employees to a 30-minute meal break for every eight hours of consecutive work and a 10-minute rest for every four hours worked.
New Hampshire
New Hampshire requires an unpaid 30-minute meal break for every five hours worked. If it is impossible to grant this time, employees must be paid if they need to eat and work.
New York
Different industries in New York have different meal and break requirements.
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Breaks for minors
In the United States, federal law does not require lunch or coffee breaks for workers. However, when employers offer short breaks, these are considered compensable work hours. Additionally, federal law distinguishes between rest periods (5-20 minutes) and meal periods (at least 30 minutes), with the former being paid work time and the latter not being considered work time.
While federal law does not mandate break periods, certain states have laws that differ from the Fair Labor Standards Act (FLSA). For example, in Illinois, the "One Day Rest in Seven Act" (ODRSA) allows employees one meal break per shift of 7.5 hours or more. This break must be taken no later than 5 hours from the start of the shift, and an additional 20-minute break is required for shifts of 12 hours or longer.
When it comes to minors, Illinois state law requires a scheduled 30-minute meal break no later than 5 hours from the start of a shift for minors aged 14-15. Minors in this age group are also restricted to working no more than 8 hours per day. In Utah, employers must provide minors with at least a 30-minute lunch within the first five hours of their workday, and a 10-minute break for every four hours worked. Minors in Utah cannot work more than three consecutive hours without a 10-minute break.
It is important to note that state child labor laws that are more restrictive than federal law take precedence. Therefore, employers must comply with the more stringent requirements, whether imposed by federal or state regulations.
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Breaks for nursing mothers
In the United States, the Fair Labor Standards Act (FLSA) provides nursing mothers with the right to reasonable break time to express breast milk while at work. This right is available for up to one year after the child's birth. The frequency and duration of these breaks will vary depending on factors related to the nursing employee and the child.
The FLSA also stipulates that nursing mothers must be provided with a private space, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, where they can express breast milk. Employers with fewer than 50 employees are not subject to the FLSA break time and space requirements if compliance would impose an undue hardship.
In addition to federal law, some states have their own laws regarding break times for nursing mothers. For example, the state of Illinois' Nursing Mothers in the Workplace Act requires employers to allow "reasonable break time" for nursing mothers and to make reasonable efforts to provide a private space for pumping breast milk.
It is important to note that nursing/breast-pumping breaks do not need to be compensated, and employers can require employees to clock out and then back in for these breaks. However, if an employee uses their regular paid rest breaks for nursing or expressing breast milk, they should be paid for those breaks just like any other employee.
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Restroom breaks
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.
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, as long as employees don't work during that time.
Some states have their own laws regarding breaks. For example, the Illinois "One Day Rest in Seven Act" (ODRSA) allows employees one meal break per shift of 7.5 hours or more. In addition, reasonable restroom facility use must be provided in addition to mandated break periods.
In summary, while there is no federal mandate for restroom breaks, employees are entitled to "reasonable" breaks, and these breaks must be paid if they are under 20 minutes. Employers should also be aware of any relevant state laws that may apply.
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Frequently asked questions
No, your employer may not force you to work through your lunch break. If you do, you must be paid for that time.
A lunch break is typically 30 minutes or longer.
It depends on the state you work in. Federal law states that 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.
No, in Illinois, it is not legal for an employer to require you to work more than six days in a row without a 24-hour rest period.
Yes, employees must be afforded reasonable restroom breaks that do not count against their meal break.
