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Meal and Rest Break Laws by State

Federal law does not require employers to give adult employees meal or rest breaks. The Fair Labor Standards Act only governs whether a break must be paid when an employer chooses to offer one. Whether a worker is entitled to a break at all depends on state law, and many states have no general break requirement for adults.

50 states and DC compared. Last checked .

At a glance

Meal break required
22 of 51
States and DC where the answer is yes or yes in some cases.
Rest break required
10 of 51
States and DC where the answer is yes or yes in some cases.

Compare meal and rest break laws

Where a state does require breaks, the statute usually sets how long the break lasts, after how many hours of work it is due, and whether it is paid. Some states cover only certain industries, allow written waivers or exempt small employers. This guide compares the meal break and rest break rules for adult private-sector employees and links each one to its statute or agency rule.

51 of 51 shown

Meal break ruleRest break ruleSources
ALAlabamaNoNo state requirement for adultsState break rules apply only to minors.NoNo state requirement for adults
AKAlaskaNoNo state requirement for adultsMinors ages 14 to 17 who work 5 or more consecutive hours must get a break of at least 30 minutes.NoNo state requirement for adultsIf an employer allows breaks of less than 20 minutes, they must be paid.
AZArizonaNoNo state requirement for adultsNoNo state requirement for adults
ARArkansasNoNo state requirement for adultsNoNo state requirement for adults
CACaliforniaYes30 minutes over 5 hours; second 30 minutes over 10 hoursThe first meal period may be waived by mutual consent if the workday is no more than 6 hours; the second may be waived if total hours are no more than 12 and the first was not waived.YesPaid 10 minutes per 4 hours or major fractionNot required if total daily work time is under 3.5 hours. Rest time counts as hours worked.
COColoradoYes30 minutes for shifts over 5 consecutive hoursUnpaid only if fully relieved of duty. If an uninterrupted break is impractical, the employee must be allowed to eat on duty and be paid for that time.YesPaid 10 minutes per 4 hours or major fractionA shift over 2 hours and up to 6 hours requires one rest period; over 6 and up to 10 hours requires two.
CTConnecticutYes30 minutes for 7.5 or more consecutive hoursGiven after the first 2 hours and before the last 2 hours. A written agreement may set a different schedule; employers giving 30+ minutes of paid breaks are exempt.NoNo state requirement for adults
DEDelawareYes30 minutes (unpaid) for 7.5 or more consecutive hoursGiven after the first 2 hours and before the last 2 hours. Does not apply where a collective bargaining or other written agreement provides otherwise.NoNo state requirement for adults
DCDistrict of ColumbiaNoNo DC requirement for adultsNoNo DC requirement for adults
FLFloridaNoNo state requirement for adultsState break rules apply only to minors.NoNo state requirement for adults
GAGeorgiaNoNo state requirement for adultsNoNo state requirement for adults
HIHawaiiNoNo state requirement for adultsState break rules apply only to minors.NoNo state requirement for adults
IDIdahoNoNo state requirement for adultsNoNo state requirement for adults
ILIllinoisYes20 minutes for 7.5 continuous hours, within first 5 hoursAn additional 20-minute meal period is due for every additional 4.5 continuous hours worked. Employees under a collective bargaining agreement are excluded.No (hotel room attendants only)No general requirement for adultsHotel room attendants in counties with over 3,000,000 people get two paid 15-minute rest breaks and a 30-minute meal period on workdays of at least 7 hours.
INIndianaNoNo state requirement for adultsEmployers must give breaks to employees under 18.NoNo state requirement for adults
IAIowaNoNo state requirement for adultsState break rules apply only to minors.NoNo state requirement for adults
KSKansasNoNo state requirement for adultsNoNo state requirement for adults
KYKentuckyYesReasonable lunch period, between 3rd and 5th hourShould be near the middle of the shift. A collective bargaining agreement or mutual agreement can provide otherwise. Railway Labor Act employers are excluded.YesPaid 10 minutes per 4 hours workedIn addition to the lunch period, with no reduction in pay. A collective bargaining agreement giving equal or more break time controls.
LALouisianaNoNo state requirement for adultsNoNo state requirement for adults
MEMaineYes30 minutes after 6 consecutive hoursUnpaid only if the employee is completely relieved of duty. Emergencies involving danger to property, life, public safety or public health are excepted.NoNo state requirement for adults
MDMarylandRetail establishments only30 minutes for more than 6 consecutive hours (retail)Working breaks are allowed only by mutual written agreement where the work prevents relief or the employee may eat while working.Retail establishments only15 minutes for 4 to 6 hours; 15 more per extra 4 hoursThe 15-minute break for shifts of 6 hours or less can be waived by written agreement. Retail establishments with 50 or more retail employees only.
MAMassachusettsYes30 minutes if working more than 6 hours a dayNoNo state requirement for adults
MIMichiganNoNo state requirement for adultsNoNo state requirement for adults
MNMinnesotaYes30 minutes for 6 or more consecutive hoursEffective January 1, 2026 (previously sufficient time to eat after 8 hours). Need not be paid. A collective bargaining agreement may set different meal periods.Yes15 minutes (or restroom time) per 4 hoursEffective January 1, 2026. Rest periods under 20 minutes count as hours worked. Missed breaks are owed at the regular rate plus equal liquidated damages.
MSMississippiNoNo state requirement for adultsNoNo state requirement for adults
MOMissouriNoNo state requirement for adultsNoNo state requirement for adults
MTMontanaNoNo state requirement for adultsNoNo state requirement for adults
NENebraskaAssembly plants, workshops, mechanical only30 consecutive minutes per 8-hour shiftThe employer may not require the employee to stay in the building or on the premises during lunch.NoNo state requirement for adults
NVNevadaYes30 minutes for 8 continuous hours of workThe Labor Commissioner may grant exemptions for business necessity.YesPaid 10 minutes per 4 hours or major fractionCounted as hours worked. Not required if total daily work time is under 3.5 hours. Taken in the middle of each work period where practicable.
NHNew HampshireYes30 minutes after 5 consecutive hoursNot required if it is feasible for the employee to eat while working and the employer permits it.NoNo state requirement for adults
NJNew JerseyDomestic workers onlyDomestic workers: 30 minutes after over 5 hoursUnpaid only if the worker is relieved of all duties and can leave the worksite. On-duty meal breaks need a written agreement and must be paid.Domestic workers onlyDomestic workers: 10 minutes paid every 4 hoursNo general rest break requirement for other adult employees.
NMNew MexicoNoNo state requirement for adultsNoNo state requirement for adults
NYNew YorkYes30 minutes at midday for shifts over 6 hoursFactories: 60 minutes. Shifts from before 11 a.m. to after 7 p.m. get 20 more minutes between 5 and 7 p.m. Shifts over 6 hours starting 1 p.m. to 6 a.m.: 45 minutes (60 in factories).NoNo state requirement for adults
NCNorth CarolinaNoNo state requirement for adultsYouths under 16 must get a 30-minute break after 5 hours, generally only at enterprises with under $500,000 in yearly sales and private nonprofits.NoNo state requirement for adultsBreaks under 30 minutes that an employer chooses to give generally must be paid.
NDNorth DakotaYes30 minutes per shift over 5 hoursApplies when two or more employees are on duty. Employees may waive it by agreement with the employer. Unpaid if fully relieved of duties. Union contracts prevail.NoNo state requirement for adultsShort breaks that an employer chooses to give are generally paid under federal rules.
OHOhioNoNo state requirement for adultsBreaks are up to the employer. Federal pay rules still apply to breaks that are given.NoNo state requirement for adultsShort breaks that an employer chooses to give are generally paid under federal rules.
OKOklahomaNoNo state requirement for adultsBreaks are up to the employer. Federal pay rules still apply to breaks that are given.NoNo state requirement for adultsShort breaks that an employer chooses to give are generally paid under federal rules.
OROregonYes30 minutes per work period of 6 to 8 hoursTaken between hours 2 and 5 (shifts of 7 hours or less) or 3 and 6 (longer shifts). Must be paid if not fully relieved of duty.YesPaid 10 minutes per 4 hours or major partTaken near the middle of each 4-hour segment, separately from the meal period. Some exceptions apply, such as union contracts.
PAPennsylvaniaNoNo state requirement for adultsBreaks are up to the employer. Federal pay rules still apply to breaks that are given.NoNo state requirement for adultsShort breaks that an employer chooses to give are generally paid under federal rules.
RIRhode IslandYes20 minutes in a 6-hour shift; 30 minutes in an 8-hour shiftMay be unpaid. Does not apply to licensed health care facilities or employers with fewer than 3 people on a shift at the worksite.NoNo state requirement for adultsShort breaks that an employer chooses to give are generally paid under federal rules.
SCSouth CarolinaNoNo state requirement for adultsBreaks are up to the employer. Federal pay rules still apply to breaks that are given.NoNo state requirement for adultsShort breaks that an employer chooses to give are generally paid under federal rules.
SDSouth DakotaNoNo state requirement for adultsBreaks are up to the employer. Federal pay rules still apply to breaks that are given.NoNo state requirement for adultsShort breaks that an employer chooses to give are generally paid under federal rules.
TNTennesseeYes30 minutes unpaid if scheduled 6 consecutive hoursNot during or before the first hour of work. Not required where the work gives ample opportunity to eat. Tipped food and beverage servers may waive it in writing.NoNo state requirement for adultsShort breaks that an employer chooses to give are generally paid under federal rules.
TXTexasNoNo state requirement for adultsBreaks are up to the employer. Federal pay rules still apply to breaks that are given.NoNo state requirement for adultsShort breaks that an employer chooses to give are generally paid under federal rules.
UTUtahNoNo state requirement for adultsBreaks are up to the employer. Federal pay rules still apply to breaks that are given.NoNo state requirement for adultsShort breaks that an employer chooses to give are generally paid under federal rules.
VTVermontYesReasonable opportunity to eat, no set lengthThe statute does not say how long the break is, when it is due or whether it is paid.Toilet use onlyReasonable opportunity to use the toilet, no set lengthNo fixed paid rest period is required.
VAVirginiaNoNo state requirement for adultsBreaks are up to the employer. Federal pay rules still apply to breaks that are given.NoNo state requirement for adultsShort breaks that an employer chooses to give are generally paid under federal rules.
WAWashingtonYes30 minutes, starting between hours 2 and 5No more than 5 consecutive hours without a meal period. Paid if the employee must stay on duty. Another 30 minutes for 3 or more hours past a normal workday.YesPaid 10 minutes per 4 hours workedScheduled near the middle of the work period, no more than 3 hours without one. Intermittent equivalent rest can replace scheduled breaks.
WVWest VirginiaYesAt least 20 minutes in a workday of 6 or more hoursRequired where employees are not afforded necessary breaks or are not permitted to eat lunch while working.NoNo state requirement for adultsShort breaks that an employer chooses to give are generally paid under federal rules.
WIWisconsinNo30 minutes recommended, not requiredShifts of more than 6 hours without a meal period should be avoided. On-duty meal periods (less than 30 minutes free from work) are paid work time.NoNo state requirement for adultsShort breaks that an employer chooses to give are generally paid under federal rules.
WYWyomingNoNo state requirement for adultsBreaks are up to the employer. Federal pay rules still apply to breaks that are given.NoNo state requirement for adultsShort breaks that an employer chooses to give are generally paid under federal rules.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.

What this means in practice

Put the break schedule in writing, for example in an employee handbook, and apply it consistently. State rules often depend on shift length, so the policy should say when a break is due and how long it lasts.

Under federal rules, short rest breaks are generally counted as paid work time, while a bona fide meal period during which the employee is fully relieved of duty usually does not have to be paid. If an employee is asked to stay at the workstation or answer calls, the meal period may count as work time.

Check whether a state rule covers your industry and workforce. Break laws can treat minors, health care workers, nursing mothers or employees under a collective bargaining agreement differently, and city ordinances may add requirements.

Related documents

Meal and Rest Break Laws: state by state

Frequently asked questions

Does federal law require meal or rest breaks?

No. The federal Fair Labor Standards Act does not require employers to give adult employees meal or rest breaks. It only addresses pay: short breaks that an employer chooses to give are generally paid work time, and a bona fide meal period is usually unpaid. Any right to a break comes from state law, a contract or company policy.

Does a meal break have to be paid?

A meal break is generally unpaid if the employee is completely relieved of duty for the full period. If the employee has to keep working, stay at a desk or remain on call, the time usually counts as hours worked and must be paid. Some state rules set their own pay requirements.

What is the difference between a meal break and a rest break?

A meal break is a longer period, often 30 minutes or more, meant for eating, and is usually unpaid when the employee is fully relieved of duty. A rest break is a short pause, often 10 to 15 minutes, and is usually paid. State statutes may require one, both or neither.

Can an employee waive a required break?

It depends on the state. Some statutes allow an employee to waive a meal break in writing or under set conditions, such as a short shift. Others do not allow a waiver. Where waivers are allowed, they are usually voluntary and must not be required as a condition of employment.

What happens if an employer does not provide a required break?

Remedies depend on the state. A worker may be able to file a wage claim with the state labor department or sue for unpaid wages. Some states add an extra hour of pay, liquidated damages or civil penalties for missed breaks. The state labor department can explain how to file a complaint.

Meal break required: which states say yes?

Of the 51 jurisdictions we checked, the answer is yes in 19 jurisdictions, in some cases in 3, no in 29. Yes: California, Colorado, Connecticut, Delaware, Illinois, Kentucky, Maine, Massachusetts, Minnesota, Nevada, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Tennessee, Vermont, Washington and West Virginia. In some cases: Maryland, Nebraska and New Jersey.

Rest break required: which states say yes?

Of the 51 jurisdictions we checked, the answer is yes in 7 jurisdictions, in some cases in 3, no in 41. Yes: California, Colorado, Kentucky, Minnesota, Nevada, Oregon and Washington. In some cases: Maryland, New Jersey and Vermont.

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