GUIDES

Meal and rest break laws: a state-by-state overview

Updated 2026-11-12 · By the Assistlify team · AI-assisted, every fact linked to its source below

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

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.

StateMeal periodWhen it is requiredCoverage note
California30 minWork over 5 hours a day; second 30 min over 10 hoursWaivable by mutual consent if the day ends within 6 hours
Colorado30 minShift over 5 consecutive hoursRetail and service, food and beverage, commercial support service, health and medical
Connecticut30 min7½ consecutive hours or more; after first 2 and before last 2 hoursExemptions include employers with fewer than 5 on a shift
Delaware30 min7½ consecutive hours or more; after first 2 and before last 2 hoursExemptions include fewer than 5 employees on a shift
Illinois20 min7½ continuous hours; no later than 5 hours after startSeparate hotel room attendant rule
KentuckyReasonable, ordinarily 30 minBetween 3rd and 5th hourNot counted as time worked
Maine30 minAfter 6 consecutive hoursNot if fewer than 3 on duty and frequent paid breaks
Maryland15 min / 30 min4–6 consecutive hours / over 6 hoursRetail employers with 50+ retail employees only
Massachusetts30 minEach 6 hours in a calendar dayFree of all duties and free to leave
MinnesotaSufficient unpaid time8 consecutive hours or moreNo fixed minutes
Nebraska30 minEach 8-hour shiftAssembly plants, workshops, mechanical establishments
Nevada30 min8 continuous hoursEmployers of 2 or more
New Hampshire30 minAfter 5 consecutive hoursUnless employee can eat while working and employer permits
New York30 min (non-factory)Shift over 6 hours spanning the noon meal periodExtra 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 Dakota30 min, if desiredShift over 5 hoursWhen 2 or more employees on duty
Oregon30 minWork period of 6 to 8 hoursTiming window depends on shift length
Rhode Island20 min / 30 min6-hour shift / 8-hour shiftNot for employers with fewer than 3 on a shift
Tennessee30 minScheduled 6 consecutive hours or moreNot during or before the first hour
VermontReasonable opportunitiesDuring work periodsNo fixed minutes
Washington30 minMore than 5 consecutive hours; between 2nd and 5th hourExtra 30 min for 3+ hours beyond the regular workday
West Virginia20 min6 hours or more in a workdayWhere 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.

StateRest breakNote
CaliforniaPaid 10 min per 4 hours or major fractionNot required under 3½ hours of daily work
ColoradoPaid 10 min per 4 hours or major fractionAll private employers unless exempted by the COMPS Order
IllinoisTwo paid 15-min breaksHotel room attendants working 7+ hours, counties over 3 million people
KentuckyPaid 10 min in each 4-hour work periodIn addition to the meal period
MinnesotaPaid adequate rest within each 4 consecutive hours to use the restroomRest under 20 minutes cannot be deducted from hours worked
NevadaPaid 10 min per 4 hours or major fractionEmployers of 2 or more at a location; not under 3½ hours
OregonPaid 10 min per 4 hours or major portionSeparate from the meal period
VermontReasonable opportunities to eat and use toilet facilitiesNo paid rest period specified
WashingtonPaid 10 min per 4-hour work periodNo 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

  1. 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.
  2. Rest: a paid 10 minutes in each 4-hour work period, so two paid breaks.
  3. 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

  1. 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).
  2. 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