Federal baseline
Federal regulations define when breaks count as work time. Under 29 CFR 785.18, rest periods of short duration, running from 5 minutes to about 20 minutes, are usually paid and counted as hours worked. Under 29 CFR 785.19, bona fide meal periods are not worktime, but the employee must be completely relieved from duty, and ordinarily 30 minutes or more is long enough. The requirement to provide a break at all comes from state law, summarised below.
What the Department of Labor's state table lists
The table was last revised January 1, 2023, so check current law.
| State | Meal period (as listed by DOL) | Rest breaks |
|---|---|---|
| California | 30 minutes if work is for more than 5 hours per day; a second 30-minute meal period for shifts over 10 hours; waiver rules apply | Required (details are in state law) |
| Colorado | 30 minutes if the work shift exceeds 5 consecutive hours (set by wage order for covered industries) | Required |
| Nevada | 30 minutes if work is for 8 continuous hours (employers with two or more employees) | Required |
| Alaska | No general adult meal period requirement listed | Not listed |
| New York | Varies by industry and shift; for example 30 minutes at noon for shifts over 6 hours that span the midday period | Not listed |
| Oregon | 30 minutes with relief from all duty for each work period of 6 to 8 hours, with timing rules | Required |
| Washington | 30 minutes if the work period is more than 5 consecutive hours, taken 2 to 5 hours into the shift | Required |
| Illinois | At least 20 minutes no later than 5 hours after the start for employees working 7.5 or more continuous hours | Not listed |
The same table lists meal-period requirements for other jurisdictions, including Connecticut, Delaware, Kentucky, Maine, Maryland, Massachusetts, Minnesota, Nebraska, New Hampshire, North Dakota, Rhode Island, Tennessee, Vermont, West Virginia, Guam and Puerto Rico. The Department's table says only seven states have rest-break requirements: California, Colorado, Kentucky, Minnesota, Nevada, Oregon and Washington. We do not repeat details beyond what the table states; open the source for the full wording, exceptions and the state agency contact.
Worked examples
A 9-hour shift in California
Per the DOL table, a 30-minute meal period applies when work is more than 5 hours. A shift from 8:00 am to 5:00 pm with a 30-minute unpaid meal is 8:30 paid. If the meal is interrupted or the employee is not relieved of duty, the time is generally hours worked and should be paid, as the federal definition of a bona fide meal period requires complete relief from duty. State rules may add what the employer owes when a required break is not provided; the DOL table does not say, so read the state's guidance.
A 6-hour shift in Nevada
The DOL table lists a meal period in Nevada after 8 continuous hours, so a 6-hour shift does not trigger that requirement as listed. Employers can still provide breaks by policy. Check the Nevada Labor Commissioner for rest-break details, which the DOL table does not spell out.
How breaks affect your time card
- Unpaid meal periods are subtracted. Paid rest breaks are not.
- If a required meal period was not provided or was interrupted, tell payroll; the remedy depends on the state.
- Use the lunch break calculator to see how a 30- or 60-minute meal changes your weekly hours and overtime.
How to check your own state
- Open the Department of Labor's state table and find your state's row. It links to the state agency.
- On the state agency page, look for a topic named meal periods, rest breaks or hours of work. Note the length, when the break must be given and who is covered.
- Check whether your industry or occupation has a separate wage order or exemption.
- Check your employer handbook, union contract or offer letter; they can provide more than the minimum.
- If you are not sure, ask your state labor department. They answer these questions.
Example: a 12-hour shift where a second meal period is listed
12-hour shift in California
The DOL table lists a second 30-minute meal period for shifts over 10 hours in California, subject to waiver rules. If both meal periods are unpaid and taken, 12 hours clock to clock becomes 11:00 paid (12:00 minus 1:00). If only one 30-minute meal is taken, paid time is 11:30. The calculator's lunch break tool lets you test either pattern.
Why break rules and pay rules are different
Break laws (whether you get a break and when) come mostly from state law. Pay rules (whether the break is paid and whether it counts toward overtime) come from federal regulations plus state law and employer policy. Consequently, an employer can comply with one and not the other. For example, a state may require a 30-minute meal period, while the federal regulations decide whether a given meal period is a bona fide, unpaid one (complete relief from duty).