Meal and rest break laws: a state-by-state overview
Federal law does not require meal or rest breaks, but short breaks of 5 to about 20 minutes that you do give must be paid, and a meal period of 30 minutes or more can be unpaid only if the employee is completely relieved from duty. As listed by the US DOL (tables revised January 1, 2023), 21 states require meal periods for adult private-sector employees and 9 states list rest-break rules.
The federal baseline
- Rest periods of 5 to about 20 minutes are hours worked and must be paid (29 CFR 785.18).
- A bona fide meal period is not work time. The employee must be completely relieved from duty; 30 minutes or more is ordinarily long enough. An employee required to eat at the desk or stay at a machine is working (29 CFR 785.19).
State meal period rules for adults
As listed by the US DOL Wage and Hour Division (revised January 1, 2023). Exemptions for executive, administrative, professional and outside sales employees are not shown in the DOL table.
| State | Meal period | When it is required | Coverage note |
|---|---|---|---|
| California | 30 min | Work over 5 hours a day; second 30 min over 10 hours | Waivable by mutual consent if the day ends within 6 hours |
| Colorado | 30 min | Shift over 5 consecutive hours | Retail and service, food and beverage, commercial support service, health and medical |
| Connecticut | 30 min | 7½ consecutive hours or more; after first 2 and before last 2 hours | Exemptions include employers with fewer than 5 on a shift |
| Delaware | 30 min | 7½ consecutive hours or more; after first 2 and before last 2 hours | Exemptions include fewer than 5 employees on a shift |
| Illinois | 20 min | 7½ continuous hours; no later than 5 hours after start | Separate hotel room attendant rule |
| Kentucky | Reasonable, ordinarily 30 min | Between 3rd and 5th hour | Not counted as time worked |
| Maine | 30 min | After 6 consecutive hours | Not if fewer than 3 on duty and frequent paid breaks |
| Maryland | 15 min / 30 min | 4–6 consecutive hours / over 6 hours | Retail employers with 50+ retail employees only |
| Massachusetts | 30 min | Each 6 hours in a calendar day | Free of all duties and free to leave |
| Minnesota | Sufficient unpaid time | 8 consecutive hours or more | No fixed minutes |
| Nebraska | 30 min | Each 8-hour shift | Assembly plants, workshops, mechanical establishments |
| Nevada | 30 min | 8 continuous hours | Employers of 2 or more |
| New Hampshire | 30 min | After 5 consecutive hours | Unless employee can eat while working and employer permits |
| New York | 30 min (non-factory) | Shift over 6 hours spanning the noon meal period | Extra 20 min 5–7 p.m. for shifts from before 11 a.m. to after 7 p.m. Also: 1 hour in factories, 45 minutes in other establishments, midway in shift, for those employed more than a 6-hour period starting between 1 p.m. and 6 a.m. |
| North Dakota | 30 min, if desired | Shift over 5 hours | When 2 or more employees on duty |
| Oregon | 30 min | Work period of 6 to 8 hours | Timing window depends on shift length |
| Rhode Island | 20 min / 30 min | 6-hour shift / 8-hour shift | Not for employers with fewer than 3 on a shift |
| Tennessee | 30 min | Scheduled 6 consecutive hours or more | Not during or before the first hour |
| Vermont | Reasonable opportunities | During work periods | No fixed minutes |
| Washington | 30 min | More than 5 consecutive hours; between 2nd and 5th hour | Extra 30 min for 3+ hours beyond the regular workday |
| West Virginia | 20 min | 6 hours or more in a workday | Where breaks or eating while working are not allowed |
The DOL table also lists Guam and Puerto Rico and notes other provisions in New Mexico and Wisconsin.
State rest break rules for adults
As listed by the US DOL (revised January 1, 2023); states not listed do not require paid rest periods.
| State | Rest break | Note |
|---|---|---|
| California | Paid 10 min per 4 hours or major fraction | Not required under 3½ hours of daily work |
| Colorado | Paid 10 min per 4 hours or major fraction | All private employers unless exempted by the COMPS Order |
| Illinois | Two paid 15-min breaks | Hotel room attendants working 7+ hours, counties over 3 million people |
| Kentucky | Paid 10 min in each 4-hour work period | In addition to the meal period |
| Minnesota | Paid adequate rest within each 4 consecutive hours to use the restroom | Rest under 20 minutes cannot be deducted from hours worked |
| Nevada | Paid 10 min per 4 hours or major fraction | Employers of 2 or more at a location; not under 3½ hours |
| Oregon | Paid 10 min per 4 hours or major portion | Separate from the meal period |
| Vermont | Reasonable opportunities to eat and use toilet facilities | No paid rest period specified |
| Washington | Paid 10 min per 4-hour work period | No more than 3 hours without a rest period |
Minors have separate rules
The DOL meal table lists 35 jurisdictions with separate meal provisions for minors; where two provisions apply, the higher standard wins. See rules for scheduling minors.
Example: an 8-hour shift in Kentucky
- Meal: ordinarily 30 minutes off duty between the 3rd and 5th hour; for a 9:00 a.m. start, between 12:00 and 2:00 p.m.
- Rest: a paid 10 minutes in each 4-hour work period, so two paid breaks.
- Pay: 8 hours including 20 minutes of paid rest; the 30-minute meal is unpaid if the employee is relieved of all duties.
Scheduling checklist for multi-state owners
- Write the break into the schedule as a time block, not a note, for shifts that cross the trigger (for example over 5 hours in California or Washington).
- Record actual meal start and end times; an interrupted meal is work time under 29 CFR 785.19.
Assistlify records breaks as part of clock in/out, so the attendance export shows when each meal started and ended. State-by-state detail is in labor laws by state; for paper records see tracking hours without payroll software.
This is general information, not legal advice. Check your state labor department for current rules.
This is general information, not legal advice. Check your state labor department for current rules.
Questions
Are breaks required by federal law?
No. The DOL says federal law does not require lunch or coffee breaks; breaks of 5 to about 20 minutes that you give must be paid.
Which states require paid rest breaks?
The DOL table (revised January 1, 2023) lists California, Colorado, Kentucky, Nevada, Oregon and Washington with paid 10-minute breaks, plus narrower rules in Illinois, Minnesota and Vermont.
Which state requires a meal break after 5 hours?
California, Colorado, New Hampshire, North Dakota and Washington have 5-hour triggers in the DOL table.
Sources
- US DOL: Breaks and Meal Periods (checked 2026-11-12)
- eCFR 29 CFR 785.18 Rest (checked 2026-11-12)
- eCFR 29 CFR 785.19 Meal (checked 2026-11-12)
- US DOL WHD: Meal Period Requirements Under State Law for Adult Employees (revised January 1, 2023) (checked 2026-11-12)
- US DOL WHD: Minimum Paid Rest Period Requirements Under State Law (revised January 1, 2023) (checked 2026-11-12)