Meal and Rest Break Laws by State

Break rules are state law. This guide summarises the Department of Labor's published state table and adds the federal definitions, and it is careful to say only what that source says. Always confirm with your state labor department.

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.

StateMeal period (as listed by DOL)Rest breaks
California30 minutes if work is for more than 5 hours per day; a second 30-minute meal period for shifts over 10 hours; waiver rules applyRequired (details are in state law)
Colorado30 minutes if the work shift exceeds 5 consecutive hours (set by wage order for covered industries)Required
Nevada30 minutes if work is for 8 continuous hours (employers with two or more employees)Required
AlaskaNo general adult meal period requirement listedNot listed
New YorkVaries by industry and shift; for example 30 minutes at noon for shifts over 6 hours that span the midday periodNot listed
Oregon30 minutes with relief from all duty for each work period of 6 to 8 hours, with timing rulesRequired
Washington30 minutes if the work period is more than 5 consecutive hours, taken 2 to 5 hours into the shiftRequired
IllinoisAt least 20 minutes no later than 5 hours after the start for employees working 7.5 or more continuous hoursNot 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

  1. Open the Department of Labor's state table and find your state's row. It links to the state agency.
  2. 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.
  3. Check whether your industry or occupation has a separate wage order or exemption.
  4. Check your employer handbook, union contract or offer letter; they can provide more than the minimum.
  5. 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).

Frequently asked questions

Does federal law require lunch breaks?

The Department of Labor's published break requirements are state by state. Federal regulations explain whether a break counts as paid time, but the requirement to provide one comes from state law.

Are 15-minute breaks paid?

Rest periods of about 5 to 20 minutes are generally paid and counted as hours worked under 29 CFR 785.18.

How long must a lunch break be?

Federal regulations say ordinarily 30 minutes or more is long enough for a bona fide meal period. States set their own lengths, as listed above.

Which states require rest breaks?

According to the DOL table: California, Colorado, Kentucky, Minnesota, Nevada, Oregon and Washington.

Where can I find the exact law for my state?

On your state labor department's website. The DOL table links to each state agency.

Sources and last checked

Last checked: . Rules change; confirm with the linked agency before relying on a figure. This is general information, not legal or payroll advice - see our disclaimer.