Break laws by state

Eating at the right time and taking regular breaks is essential for staying productive and keeping up with the workload. However, that’s a benefit that not all of us have.

In fact, most US employees who do not work from home take breaks according to employer-set regulations. This stems from the vagueness of federal policies regarding meal and rest breaks, which allow employers to set their own break guidelines.

In some cases, employers can create and provide their own break regulations, but they generally follow either the state or federal laws regarding meal or rest periods.

That’s what we aim to showcase in the following guide — how federal and state break laws affect both employers and employees in the US and what they are all about.

Table of Contents

What are break laws?

In general, US labor laws have strictly defined rules regarding every aspect of employment — from wages and hiring to termination and compensation. However, a vague and “blind” spot has always been break laws.

If, for a second, we disregard the discrepancies between federal and state laws, break regulations are still largely dependent on the employers — they decide whether or not to offer breaks, their durations, and the intricacies regarding them.

However, employers’ decisions are generally restricted by federal and state break laws that limit their effect — more on that down below.

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Federal break laws

In broad terms, the US Department of Labor does not recognize lunch or coffee breaks as essential enough to be compensated for. However, if the employer chooses to offer such breaks, they are to be paid if their duration is less than 20 minutes.

Furthermore, the break time is counted towards hours worked and will be considered when determining any potential overtime the employee has accrued, if the work shift lasted more than 8 hours with breaks.

When it comes to meal periods — which usually last at least 30 minutes — federal regulations do not deem them as work time and employees will not be compensated for such time.

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State break laws

Both employees and employers have to be wary of the discrepancies between federal and state laws concerning breaks.

Overall, federal laws are applicable in every US state, only if there is not a state law that offers better benefits to the employees. If that is the case, the state law will take precedent and be taken into consideration.

This is even more important when it comes to break laws since the FLSA states no favorable mentions. In fact, according to FLSA break regulations, it’s explicitly stated that it is up to the employers to set break laws as they wish, as long as they don’t break any discriminatory laws.

Work break compensation

As previously mentioned, the federal government states that no break is necessary and therefore isn’t paid. However, this refers exclusively to breaks that last for more than 20 minutes.

If the break lasts for 5 to 20 minutes — which is the usual duration of breaks — the time will go towards compensable hours and will be considered when calculating overtime. For example, if an employee works 10 hours a day and their contract states that the additional meal break lasts for 30 minutes, 10 hours and 20 minutes are compensable and will be counted towards overtime since only 20-minute breaks or less can be paid for.

Break laws differ in every US state and they are usually classified in 4 categories:

Meal breaks,
Rest breaks,
Minor breaks, and
Miscellaneous (other) breaks.

Take a look at the table below to get all the information you need regarding break laws.

State	Meal break	Rest break	Minor break	Other breaks
Alabama	Not required by either federal or state law, but if an employee works through a meal, the break will be compensated. Moreover, all breaks under 20 minutes are compensated.	/	30-min breaks after working for more than 5 continuous hours — refers to 14 and 15-year olds.	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
Alaska	Not required by either federal or state law, but if an employee works through a meal, the break will be compensated. Moreover, all breaks under 20 minutes are compensated.	/	30-min breaks after working for more than 5 continuous hours — refers to 14 to 17-year olds.	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
Arizona	Not required by either federal or state law, but if an employee works through a meal, the break will be compensated. Moreover, all breaks under 20 minutes are compensated.	/	/	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
Arkansas	/	/	Required for minors under 16 working in entertainment — the duration of the break is up to the employer.	The employer can require that the employee takes a lactation break during rest and meal breaks, if provided.
California	A 30-min paid meal break if an employee works for more than 7.5 consecutive hours. Exceptions: – If only one employee can perform the necessary duties, – If the break creates a threat to public safety measures, – If the operation requires that employees are available to respond to urgent matters, and – If there are up to 5 employees in certain shifts on certain locations.	A 10-min rest period for every 4 hours worked.	Adult break regulations apply.	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
Colorado	A 30-min paid meal break if an employee works for more than five consecutive hours.	A 10-min rest period for every 4 hours worked.	/	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
Connecticut	A 30-min paid meal break if an employee works for more than 7.5 consecutive hours. Exceptions: – If only one employee can perform the necessary duties, – If the break creates a threat to public safety measures, – If the operation requires that employees are available to respond to urgent matters, and – If there are up to 5 employees in certain shifts on certain locations.	/	/	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
Delaware	A 30-min paid meal break if an employee works for more than 7.5 consecutive hours.	/	A 30-min paid meal break for minor employees for every 5 consecutive hours.	Mandatory paid lactation breaks, per employee’s decision.
District of Columbia	Not required by either federal or state law, but if an employee works through a meal, the break will be compensated. Moreover, all breaks under 20 minutes are compensated.	/	/	Paid or unpaid, lactation break duration is up to the employee (as long as it’s reasonable) and is required.
Florida	Not required by either federal or state law, but if an employee works through a meal, the break will be compensated. Moreover, all breaks under 20 minutes are compensated.	/	A 30-min paid meal break for minor employees for every 4 consecutive hours.	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth. (unspecified amount of time)
Georgia	Not required by either federal or state law, but if an employee works through a meal, the break will be compensated. Moreover, all breaks under 20 minutes are compensated.	/	All Georgia minors are entitled to a 1-hour meal break or 30-minute meal break and additional 30 minutes for rest or recreation.	Mandatory paid lactation breaks — the break duration is up to the employee.
Hawaii	Not required by either federal or state law, but if an employee works through a meal, the break will be compensated. Moreover, all breaks under 20 minutes are compensated.	/	A 30-min paid meal break for minor employees for every 5 consecutive hours.	Lactation breaks are mandatory for businesses with more than 50 employees. If there are less than 50 employees, it’s up to the employer to decide (unspecified amount of time).
Idaho	Not required by either federal or state law, but if an employee works through a meal, the break will be compensated. Moreover, all breaks under 20 minutes are compensated.	/	/	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
Illinois	20-min meal breaks (at least) for employees that work 7.5 hours continuously.	/	A 30-min paid meal break for minor employees under 16 for every 5 consecutive hours.	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
Indiana	Not required by either federal or state law, but if an employee works through a meal, the break will be compensated. Moreover, all breaks under 20 minutes are compensated.	/	All Indiana minors are entitled to a 1-hour meal break or 30-minute meal break and additional 30 minutes for rest if they work more than 6 consecutive hours.	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
Iowa	Not required by either federal or state law, but if an employee works through a meal, the break will be compensated. Moreover, all breaks under 20 minutes are compensated.	/	A 30-min paid meal break for minor employees for every 5 consecutive hours.	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
Kansas	Not required by either federal or state law, but if an employee works through a meal, the break will be compensated. Moreover, all breaks under 20 minutes are compensated.	/	/	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
Kentucky	20-min meal breaks (at least) for employees that work 7.5 hours continuously.	A 10-min rest break per every 4 hours of work.	/	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
Louisiana	Not required by either federal or state law, but if an employee works through a meal, the break will be compensated. Moreover, all breaks under 20 minutes are compensated.	/	A 30-min paid meal break for minor employees for every 5 consecutive hours.	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
Maine	Not required by either federal or state law, but if an employee works through a meal, the break will be compensated. Moreover, all breaks under 20 minutes are compensated.	A 30-min rest break after working for 6 consecutive hours.	/	Breastfeeding employees are entitled to a break to pump at work for 3 years after the child’s birth (unspecified amount of time).
Maryland	Not required by either federal or state law, but if an employee works through a meal, the break will be compensated. Moreover, all breaks under 20 minutes are compensated.	/	A 30-min paid meal break for minor employees for every 5 consecutive hours.	An employer is required to provide (un)paid breaks to employees if they own a retail establishment.
Massachusetts	A 30-minute unpaid meal break for working more than 6 hours a day.	/	/	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
Michigan	Not required by either federal or state law, but if an employee works through a meal, the break will be compensated. Moreover, all breaks under 20 minutes are compensated.	/	A 30-min paid meal break for minor employees for every 5 consecutive hours.	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
Minnesota	A sufficient time to eat a meal must be provided to all employees — usually 20 minutes.	Sufficient time to use the facilities every 4 hours.	/	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
Mississippi	Not required by either federal or state law, but if an employee works through a meal, the break will be compensated. Moreover, all breaks under 20 minutes are compensated.	/	/	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
Missouri	Not required by either federal or state law, but if an employee works through a meal, the break will be compensated. Moreover, all breaks under 20 minutes are compensated.	/	/	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
Montana	Not required by either federal or state law, but if an employee works through a meal, the break will be compensated. Moreover, all breaks under 20 minutes are compensated.	/	/	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
Nebraska	Not required by either federal or state law, but if an employee works through a meal, the break will be compensated. Moreover, all breaks under 20 minutes are compensated.	A 30-min break during an 8-hour shift for employees working at mechanical establishments, workshops, and assembling plants.	/	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
Nevada	A 30-minute meal break for employees working 8 continuous hours.	10-min breaks every 4 hours of work.	/	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
New Hampshire	A 30-minute meal break for employees working 5 continuous hours.	/	A 30-minute meal break for employees working 8 continuous hours — can be prolonged if needed.	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
New Jersey	Not required by either federal or state law, but if an employee works through a meal, the break will be compensated. Moreover, all breaks under 20 minutes are compensated.	/	/	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
New Mexico	Not required by either federal or state law, but if an employee works through a meal, the break will be compensated. Moreover, all breaks under 20 minutes are compensated.	/	/	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
New York	Factory workers: – A 60-minute break between 11:00 a.m. and 2:00 p.m. – A 60-minute break midway through shifts that start between 1:00 p.m. and 06:00 a.m. Non-factory workers: – A 30-minute lunch break between 11:00 a.m. and 2:00 p.m. for shifts lasting 6 hours or longer during this period.	An additional 20-minute break between 5:00 p.m. and 7:00 p.m. for shifts that start before 11:00 a.m. and extend after 7:00 p.m.	/	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
North Carolina	Not required by either federal or state law, but if an employee works through a meal, the break will be compensated. Moreover, all breaks under 20 minutes are compensated.	/	A 30-min break for employees under 16 that work 5 continuous hours a day.	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
North Dakota	A 30-min unpaid break when 2 or more employees are on duty and they’ve been working for 5 continuous hours.	/	/	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
Ohio	Not required by either federal or state law, but if an employee works through a meal, the break will be compensated. Moreover, all breaks under 20 minutes are compensated.	/	A 30-min break for minor employees that work 5 continuous hours a day.	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
Oklahoma	Not required by either federal or state law, but if an employee works through a meal, the break will be compensated. Moreover, all breaks under 20 minutes are compensated.	/	A 30-min break for every 5 hours worked and a 1-hour break for every 8 hours worked.	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
Oregon	A 30-min unpaid break for 6 hours of continuous work.	A 10-min break for 6 hours of continuous work — 2 breaks if the shift lasts up to 10 hours.	Same as adults for meal breaks — 15-min rest breaks instead of 10-minute breaks.	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
Pennsylvania	Not required by either federal or state law, but if an employee works through a meal, the break will be compensated. Moreover, all breaks under 20 minutes are compensated.	/	A 30-min break for minor employees that work 5 continuous hours a day.	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
Rhode Island	A 20-min break for employees working 6 continuous hours and a 30-min break if they work for 8 straight hours.	/	/	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
South Carolina	Not required by either federal or state law, but if an employee works through a meal, the break will be compensated. Moreover, all breaks under 20 minutes are compensated.	/	/	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
South Dakota	Not required by either federal or state law, but if an employee works through a meal, the break will be compensated. Moreover, all breaks under 20 minutes are compensated.	/	/	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
Tennessee	A 30-min unpaid break for 6 hours of continuous work.	/	/	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
Texas	Not required by either federal or state law, but if an employee works through a meal, the break will be compensated. Moreover, all breaks under 20 minutes are compensated.	/	/	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
Utah	Not required by either federal or state law, but if an employee works through a meal, the break will be compensated. Moreover, all breaks under 20 minutes are compensated.	/	A 30-min break no later than 5 hours into the workshift.	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
Vermont	A reasonable time for a meal break must be provided — if it lasts less than 20 minutes, it is paid.	/	/	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
Virginia	Not required by either federal or state law, but if an employee works through a meal, the break will be compensated. Moreover, all breaks under 20 minutes are compensated.	/	A 30-min break for minors under the age of 16 that work for 5 consecutive hours.	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
Washington	A 30-min break for every 5 consecutive hours worked — between the 2nd and the 5th hour of the shift.	A 10-min break after working for 4 consecutive hours.	30-min break for every 4 consecutive hours worked for 14 and 15-year olds.	Breastfeeding employees are entitled to a break to pump at work for 2 years after the child’s birth (unspecified amount of time).
West Virginia	A 20-min break for employees that work more than 6 hours.	/	A 30-min break if the shift lasts for more than 5 hours.	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
Wisconsin	Not required by either federal or state law, but if an employee works through a meal, the break will be compensated. Moreover, all breaks under 20 minutes are compensated.	/	A 30-min break for all minors — 16 and 17-year olds must rest for 8 hours if the following shift is scheduled after 8 p.m.	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).
Wyoming	Not required by either federal or state law, but if an employee works through a meal, the break will be compensated. Moreover, all breaks under 20 minutes are compensated.	/	/	Breastfeeding employees are entitled to a break to pump at work for 1 year after the child’s birth (unspecified amount of time).

Break laws by state — Frequently Asked Questions

Break laws are complicated and the previous table has surely not convinced you otherwise. Therefore, we gathered some of the most frequently asked questions and answered them for you. Let’s take a look.

1. Are breaks legally required in the US?

Employers that operate in federal-governed US states are not legally required to offer breaks to their employees. If they choose to do so, they have to adhere to federal policies and pay for the breaks if they last for less than 20 minutes.

If the state in question has its own break laws that offer better benefits to the employees, employers are legally required to adhere to them.

2. How long is a lunch break?

Even though there are no restrictions on federal level regarding the duration of lunch breaks, the general consensus is that, according to FLSA regulations, all meal breaks should last around 30 minutes, depending on the job.

Moreover, most state laws have capped meal breaks to 30 minutes, which is why most US employers follow the same regulations.

3. Do lunch breaks count as working hours?

If the lunch break lasts for 20 minutes or less, it doesn’t matter if the state you work in follows the federal or state laws — the break will be paid. Furthermore, the time will be counted towards your overtime.

4. What states require lunch breaks?

The following is the list of all US states that legally require employers to provide — paid or unpaid — meal breaks to their employees:

California — paid, 30-min meal breaks,
Colorado — paid, 30-min meal breaks,
Connecticut — paid, 30-min meal breaks,
Delaware — paid, 30-min meal breaks,
Illinois — paid/unpaid, 20-min meal breaks,
Kentucky — paid/unpaid, 20-min meal breaks,
Massachusetts — unpaid, 30-min meal breaks,
Minnesota — unpaid, usually 20-min meal breaks,
Nevada — paid/unpaid, 30-min meal breaks,
New Hampshire — paid/unpaid, 30-min meal breaks,
New York — paid 60-min meal breaks (factory workers)/ paid 30-min meal breaks (non-factory workers),
North Dakota — unpaid, 30-min meal breaks,
Oregon — unpaid, 30-min meal breaks,
Rhode Island — unpaid, 20-min meal breaks,
Tennessee — unpaid, 30-min meal breaks,
Vermont — paid or unpaid, reasonable amount of time, and
Washington — paid, 30-min meal breaks.

US break laws — conclusion and disclaimer

Hopefully, our comprehensive guide helped you get familiar with all of the relevant information about break laws in the United States. You can get more data on break laws for each state by following the official links we:

Provided as sources next to each state in the table, and
Used as sources in the State Labor Laws guides linked earlier in this guide.

Please bear in mind — this break laws guide was written in Q1 of 2023. Thus, it may not include changes introduced after it was published.

We strongly advise you to consult the appropriate institutions and/or certified representatives before acting on any legal matters.

Clockify is not responsible for any losses or risks incurred, should this guide be used without legal guidance.

Sources for the table:

Break laws by state — Guide for 2023