Lunch and Rest Break Laws by State (2026)
Which states require meal and rest breaks, after how many hours, whether they are paid, and what federal law says.
Actualizado 2026-10-20
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Federal law requires no meal or rest breaks for adult employees. What it does say (29 CFR 785.18 and 785.19) is that short breaks of 5 to 20 minutes, if offered, are paid work time, and that a bona fide meal period of 30 minutes or more can be unpaid only if the employee is completely relieved of duty. Everything else comes from state law.
States with meal break requirements
| State | Meal break | Rest break |
|---|---|---|
| California | 30 min unpaid before end of 5th hour; second before end of 10th | 10 min paid per 4 hours |
| Colorado | 30 min for shifts over 5 hours | 10 min paid per 4 hours |
| Connecticut | 30 min for 7.5+ hour shifts | none |
| Delaware | 30 min for 7.5+ hour shifts | none |
| Illinois | 20 min within first 5 hours for 7.5+ hour shifts | none |
| Kentucky | reasonable meal between 3rd and 5th hour | 10 min paid per 4 hours |
| Maine | 30 min after 6 consecutive hours | none |
| Massachusetts | 30 min for shifts over 6 hours | none |
| Minnesota | sufficient time to eat for 8+ hours | restroom break per 4 hours |
| Nebraska | 30 min in assembly plants and workshops | none |
| Nevada | 30 min for 8-hour shifts | 10 min paid per 4 hours |
| New Hampshire | 30 min after 5 consecutive hours | none |
| New York | 30 min for shifts over 6 hours spanning midday; 45 min for 6pm to midnight shifts | none |
| North Dakota | 30 min for shifts over 5 hours | none |
| Oregon | 30 min for shifts over 6 hours | 10 min paid per 4 hours |
| Rhode Island | 20 min for 6-hour shifts, 30 for 8 | none |
| Tennessee | 30 min for 6+ hour shifts | none |
| Vermont | reasonable opportunity to eat | none |
| Washington | 30 min for shifts over 5 hours | 10 min paid per 4 hours |
| West Virginia | 20 min for 6+ hour shifts | none |
States not listed (for example Texas, Florida, Georgia, Pennsylvania, Ohio, Michigan) have no general meal or rest break requirement for adult private-sector workers; federal rules apply if breaks are given. Many states have separate rules for minors and for specific industries.
Paid or unpaid
Rest breaks of 10 minutes are paid everywhere they are required and under federal law wherever they are given. Meal breaks are unpaid only if the employee is fully relieved. An employee who eats at the desk and answers the phone is working, and that time counts toward hours and overtime.
Auto-deducting lunch
Many time clocks automatically deduct 30 minutes on shifts over 6 hours. That is lawful only if the break was actually taken. Deducting a lunch that was skipped is a wage violation and one of the most common timesheet claims. Our calculators show a note on every day where an automatic deduction was applied so it can be checked.
Premium pay for missed breaks
California, Oregon and Washington require an extra hour of pay (California) or other penalties for each missed meal or rest break. That premium is not counted as hours worked for overtime.
Verification
These summaries were checked against state labor department pages on 2026-10-20 and are stored in the site’s break-rules data file with that date. Laws change; confirm with the state agency before relying on this for policy.
Waiving the break
California allows an employee working no more than 6 hours to waive the meal break by mutual consent, and an employee working no more than 12 hours to waive the second meal if the first was taken. Washington permits a written waiver of the meal period. Most other states with meal requirements do not allow waiver, and rest breaks generally cannot be waived anywhere they are required.
On-duty meal periods
Where the nature of the work prevents relief (a lone security guard, a solo clerk), California permits an on-duty paid meal period under a written agreement that the employee can revoke. Federal law treats any meal where the employee is not fully relieved as paid work time, so the question is never whether to pay for it but whether it satisfies the state’s break requirement.
Timesheet mechanics
Record the meal break as two punches (out and in) rather than a fixed deduction wherever a state requires a minimum length, so the record proves the break was taken and how long it was. Rest breaks are paid and stay on the clock, so they are not punched. The Time Clock Calculator with Breaks accepts timed breaks per day and flags any unpaid break shorter than 30 minutes when the California preset is selected.
Frequently asked
Is a 15-minute break required by law? Not federally. Paid 10-minute rest breaks are required in California, Colorado, Kentucky, Nevada, Oregon and Washington; a few other states require them for minors or specific industries.
Can my employer make me work through lunch? In states with a meal requirement, no, unless a lawful on-duty agreement exists, and the time is then paid. In states without one, yes, but the time must be paid.
Does a 20-minute lunch have to be paid? Under federal law a break shorter than 30 minutes is generally paid work time. Some states accept 20-minute unpaid meal periods (Illinois, Rhode Island, West Virginia) where the employee is fully relieved.
What is the penalty for a missed break in California? One hour of pay at the regular rate for each day a meal break was missed, and another hour for each day a rest break was missed, up to two premium hours a day.