Meal & Rest Breaks in Alabama (AL)

Alabama generally does not require private employers to provide employees meal or rest breaks, except as follows:

Special Requirements for Minors

• Minors age 14 or 15 who work more than 5 continuous hours must be given a 30-minute meal or rest period. 
• Employers may not treat any meal or rest period less than 30 minutes as interrupting a continuous period of work.

Meal & Rest Breaks in Alaska (AK)

Alaska generally does not require private employers to provide employees meal or rest breaks, except as follows:

Special Requirements for Minors

• Minors under age 18 who are scheduled to work 6 or more consecutive hours must be given a 30-minute unpaid rest period.
  • The rest period must be after the minor's first hour and a half of work, and before the start of the minor's last hour of work.
• Employers are also required to give minors under age 18 who work for 5 consecutive hours a 30-minute rest period before resuming work.
• These requirements may be altered by a collective bargaining agreement or by agreement between the minor and employer.

Alaska Department of Labor & Workforce Development

Meal & Rest Breaks in Arizona (AZ)

Arizona generally does not require private employers to provide employees meal or rest breaks.

Arizona Industrial Commission

Meal & Rest Break in Arkansas (AR)

Arkansas generally does not require private employers to provide employees breaks or rest periods.

• Employers that provide meal periods are generally not required to pay for them so long as the employee is completely relieved of duties during the meal period.
• A rest period of 20 minutes or less must be counted as time worked.

 Arkansas Department of Labor

California Meal & Rest Breaks 

California employers generally must provide meal and rest breaks as follows: 

Employee Breaks

For meal breaks, employers generally must: 

• Provide a 30-minute unpaid meal period to nonexempt employees working more than 5 hours per day.
• Provide a second meal period of at least 30 minutes to employees who work more than 10 hours per day.
• Relieve its employees of all duty during meal periods.
• If it fails to provide a required meal period, pay the employee 1 additional hour of pay at his or her regular rate of pay for each workday the meal period is not provided.

Click here for more details, including the timing of meal breaks. 

For rest periods, employers generally must:

• Permit nonexempt employees to take a paid rest period that must, insofar as practicable, be taken in the middle of each work period. The rest period must be at the minimum rate of a net 10 consecutive minutes for each 4-hour work period, or major fraction thereof.
• During rest periods, relieve employees of all duties and relinquish control over how employees spend their time. On-call rest periods are generally prohibited.
• Provide suitable resting facilities that are available for employees during working hours in an area separate from the toilet rooms.
• If they fail to provide a required rest period, pay the employee 1 additional hour of pay at the employee's regular rate of pay for each workday that the rest period is not provided.
• Count a mandated recovery period (a cooldown period afforded to an employee to prevent heat illness) as hours worked, for which there may be no deduction from wages.

Employers may not:

• Require that an employee stay on the work premises during his or her rest period.
• Require an employee to work during a mandated recovery period.

Click here for more details on rest (and lactation) breaks, and here for details on recovery periods.  

Missed Meal and Rest Period Premiums

Under state law, employers must compensate their employees with one additional hour of pay for each workday they miss a meal or rest break. This premium must be paid at the employees’ regular wage rate.

On May 23, 2022, in Naranjo v. Spectrum Security Services Inc. (Naranjo), the California Supreme Court unanimously held that meal and rest period premium pay is subject to the same wage statement and final pay requirements as other wages earned by employees. The dispute in Naranjo arose when Gustavo Naranjo was terminated from his position as a guard at Spectrum Security Services Inc. (Spectrum) after he abandoned his post to take a meal break. Spectrum requiredemployees to remain on duty during meal periods. Naranjo sued, claiming Spectrum violated state wage and hour laws by failing to:  

• Compensate employees with premium pay for missed meal and rest periods;
• Accurately report these premium payments in wage statements; and
• Pay these premiums in a timely manner upon termination.  

 The Naranjo decision clarifies that employers must ensure that meal and rest period premium pay is accurately and timely included in wage statements and employee final paychecks. In practice, this also means that employers in California need to ensure that their payroll, time tracking and wage payment processes accurately identify and account for missed meal and rest periods.  

Colorado Meal & Rest Breaks

Colorado requires private employers to provide employees meal and rest breaks as shown below. These breaks are unpaid breaks, but only if all requirements are met. Interrupted meal and rest periods are considered compensable time and employers will be held responsible for compensating employees as required by law. 

Meal Breaks

• Employees are entitled to an uninterrupted and duty-free meal period of at least 30 minutes when a scheduled work shift exceeds 5 consecutive hours.   
• Employees must be completely relieved of all duties and allowed to pursue personal activities during meal breaks. 
• If the nature of the employer's business activity or other circumstances makes an uninterrupted meal period impractical, employees must be allowed to consume an on-duty meal of choice while performing work duties. Employees should be allowed to fully consume their meal on the job and be fully compensated for the on-duty meal break.

Rest Breaks

• Certain employees must receive a 10-minute paid rest break for every 4 hours worked. The rest break should be provided as close as possible to the middle of each 4-hour work period. Affected employees include individuals working in the following industries:
  • Retail and service occupations;
  • Occupations dealing with food and beverages;
  • Health and medical occupations; and
  • Commercial support services. 
   
• Rest break requirements do not apply to:
• Administrative, executive/ supervisory, professional and outside sales employees;
• Property managers;
• Interstate drivers;
• Driver helpers;
• Motor carrier loaders or mechanics;
• Taxi cab drivers;
• Bona fide volunteers; and
• Students employed in a work experience study program.

More Information

Contact the Colorado Department of Labor and Employment for more information. 

Meal & Rest Breaks in Delaware (DE)

Delaware requires private employers to provide employees meal breaks as follows:

• Unless otherwise provided by a collective bargaining agreement, all employees must receive a meal break of at least 30 consecutive minutes if the employee is scheduled to work 7.5 consecutive hours or more per day.
  • The break must be given sometime after the first 2 hours of work and before the last 2 hours.
  • The break may be unpaid, but employees must be completely relieved from their duties during the break and the break time must be free and uninterrupted time.

Exemptions

• Employees in the following circumstances do not have to be given a meal break of at least 30 consecutive minutes, but the employer must allow the employees to eat meals at their work stations or other authorized locations and to use the restroom facilities as reasonably necessary:
  • Compliance with the law would adversely affect public safety (i.e., there is a possibility that injury, harm or damage could occur to any person or property if an employee were to be given the required 30-minute break);
  • Only one employee may perform the duties of a position;
  • The employer has fewer than 5 employees on a shift at one location (the exception would only apply to that shift); or
  • The continuous nature of an employer's operations, such as chemical production or research experiments, requires employees to respond to urgent or unusual conditions at all times.
• Employees covered by these exemptions must be paid for the time spent eating at their work stations and using restroom facilities.

Special Requirement for Minors

• Minors under 18 years of age may not be employed or permitted to work for more than 5 hours continuously without a nonworking period of at least one half hour.  

Delaware Department of Labor

Meal & Rest Breaks in the District of Columbia (DC)

The District of Columbia requires private employers to provide employees a reasonable amount of break time (which may be unpaid) on a daily basis to express breast milk for their infants, subject to the following:

• Employers may require employees to use other available break time, whether paid or unpaid, to express breast milk.
• Employers are required to make reasonable efforts to provide a sanitary room or other location in close proximity to the work area (including a childcare facility in close proximity to the employee's work location), other than a bathroom or toilet stall, where an employee can express her breast milk in privacy and security.
• Employers may be excused from providing break periods for employees to express breast milk if doing so would cause an undue hardship on the employer's operations.

District of Columbia Department of Employment Services

Florida Meal & Rest Breaks

Florida generally does not require private employers to provide employees who are not minors meal or rest breaks. However, minors who are 17 years of age and younger generally may work no more than 4 consecutive hours without a 30-minute uninterrupted break. For more information, please contact the Florida Department of Business and Professional Regulation.

Georgia Meal & Rest Breaks

Georgia generally does not require private employers to provide employees meal or rest breaks, except as follows:

Lactation Breaks

State law requires employers to provide employees with a paid break period of reasonable duration to express breast milk. The break must be provided at the employee’s worksite and during work hours. Employees must be able to express breast milk in a location that provides privacy, other than a restroom.

The break period must be compensated at the employee’s regular rate of compensation. Employers cannot require salaried employees to use paid leave to offset these breaks nor reduce salaried employees’ compensation for using these breaks. 

However, private employers with 49 or fewer employees are exempt from this lactation break requirement if providing these breaks would impose an undue hardship. An undue hardship is one that causes significant difficulty or expense in relation to the employer’s size, financial resources or the nature and structure of the employer’s business. 

Employers are not required to provide these breaks to employees on any day that the employees are working away from the employer’s worksite.

Accommodation of Religious Needs

Employers who operate business on Saturday or Sunday are required to make reasonable accommodations to the religious, social, and physical needs of employees who worship.    

  

 

Meal & Rest Breaks in Hawaii (HI)

Hawaii generally does not require private employers to provide employees meal or rest breaks, except as follows:

Special Requirements for Minors

• Employees who are 14 or 15 years old must receive a 30-minute meal or rest break after 5 hours of continuous work.

Nursing Mothers

• Employers are generally required to provide:
  • Reasonable break time for an employee to express milk for the employee's nursing child for one year after the child's birth each time the employee has a need to express breast milk; and
  • A location, other than the restroom, that is shielded from view and free from intrusion from coworkers and the public that may be used by an employee to express breast milk.
• Every employer covered by the law must post a notice in a conspicuous place accessible to employees and use other appropriate means to keep employees informed of the protections and obligations under the law.
• Employers with fewer than 20 employees who can show that providing the time and place to express breast milk would impose an undue hardship by causing the employer significant difficulty or expense in relation to the size, financial resources, nature, or structure of the employer's business are not subject to the law’s time and place requirements.

Hawaii Department of Labor and Industrial Relations  

Meal & Rest Breaks in Idaho (ID)

Idaho generally does not require private employers to provide employees meal or rest breaks.

Idaho Department of Labor  

Illinois Meal & Rest Breaks

Private employers in Illinois are generally required to comply with the following:

Breaks

Under the Illinois One Day Rest In Seven Act (ODRISA), every employer that requires employees to work for 7.5 hours must be given at least 20 minutes for a meal period, beginning no later than five hours after the start of the work period. On May 13, 2022, Illinois adopted Senate Bill (SB) 3146 to amend meal break provisions of and create notification requirements under ODRISA. The amendments will become effective on Jan. 1, 2023.  

• The new law requires employers to provide their employees with additional 20-minute meal periods for every additional 4.5 continuous hours of work. The new law also clarifies that meal periods do not include reasonable time spent using restroom facilities.
• The new law clarifies that meal break requirement violations are subject to civil penalties. The severity of the penalty depends on employer size (measured by the number of employees) and the number of days and weeks of noncompliance.
• SB 3146 also requires employers subject to ODRISA to post and maintain a poster that summarizes ODRISA requirements and information on how employees can submit a complaint. The poster must be displayed in an area where other required workplace posters are displayed. SB 3146 charges the Illinois Department of Labor to create this poster. SB 3146 specifically indicates employers may provide this poster to remote or traveling employees via email or a website that employers regularly use to communicate work-related information.   

Lactation Breaks 

Employers with 5 or more employees must  provide reasonable paid break time to employees who needs to express breast milk for up to one year after childbirth. This break time may run concurrently with any break time already provided to employees.

Day of Rest Requirement

Employers are generally required to allow nonexempt employees at least 24 consecutive hours of rest in every calendar week. Before operating on Sunday, employers must post a schedule in a conspicuous place listing which employees are required or allowed to work on Sunday and their designated day of rest.

More information 

Additional requirements and exceptions to the information above may apply. For more information, please contact the Illinois Department of Labor.

Indiana Meal & Rest Breaks

Indiana generally does not require private employers to provide employees who are not minors with meal or rest breaks. However, minors who are 17 years of age or younger generally must be given a 1-2 rest breaks that total 30 minutes if they work at least 6 continuous hours. For these minors, employers are required to maintain break logs to document all paid and unpaid breaks. For more information, please contact the Indiana Department of Labor. 

Meal & Rest Breaks in Iowa (IA)

Iowa generally does not require private employers to provide employees meal or rest breaks, except as follows:

Special Requirements for Minors

• Minors under 16 years of age who work for a period of 5 hours or more must be given a break of at least 30 minutes.

Iowa Workforce Development, Labor Services Division

Meal & Rest Breaks in Kansas (KS)

Kansas generally does not require private employers to provide employees meal or rest breaks.

Kansas Department of Labor  

Kentucky Meal & Rest Breaks

Kentucky requires private employers to provide employees meal and rest breaks as follows:

Meal Breaks

• Unless otherwise provided by a contract or collective bargaining agreement, employers must give employees a reasonable lunch period as close as possible to the middle of the employee's shift (but in no event less than three hours or more than five hours from the start of the shift).

Rest Breaks

• In addition to the required meal period, employees must be allowed a paid 10-minute rest during every four hours of work, except when break times provided under a collective bargaining agreement equal or exceed this requirement. 

Day of Rest Requirement

• Employees must receive at least one day of rest during every calendar week.

More Information 

Please contact the Kentucky Department of Labor for more information.  

Meal & Rest Breaks in Louisiana (LA)

Louisiana generally does not require private employers to provide employees meal or rest breaks, except as follows:

Special Requirements for Minors

• Employees under age 18 who work more than 5 continuous hours must be provided at least a 30-minute unpaid meal break.

Louisiana Workforce Commission  

Meal & Rest Breaks in Maine (ME)

Maine requires private employers to provide employees meal and rest breaks as follows:

• Unless otherwise provided by a written agreement, employees who work more than 6 consecutive hours generally have the right to take 30 consecutive minutes of rest time (which may be used as a mealtime), except in cases of emergency where there is a danger to property, life, public safety or public health. (Note: Under a new law, rest time required under state law may be used by the employee as unpaid mealtime, but only if the employee is completely relieved of duty. The law is effective 90 days after the adjournment of the 128th Maine Legislature, First Regular Session. Click here for updates regarding adjournment. The text of the law is available by clicking here.)
  
  • Employers that have fewer than 3 employees on duty at one time who are frequently permitted to take breaks throughout the work day are not required to provide this rest period. (Note: Under a new law, the rest break provisions do not apply to any place of employment where fewer than 3 employees are on duty at any one time; and the nature of the work done by the employee allows him or her frequent paid breaks of a shorter duration (than required under the law) during his or her work day. The law is effective 90 days after the adjournment of the 128th Maine Legislature, First Regular Session. Click here for updates regarding adjournment. The text of the law is available by clicking here.)

Exemptions

• Employers are not required to provide a designated rest period for certain categories of employees, including:
  • Executive, administrative and professional employees who are salaried and have a regular annual salary exceeding 3,000 times the state minimum hourly wage;
  • Certain agricultural employees;
  • Employees whose earnings come from sales commissions and whose hours and places of employment are not substantially controlled by the employer; and
  • Taxicab drivers.

Maine Department of Labor  

Maryland Meal & Rest Breaks

Maryland generally does not require private employers to provide employees meal or rest breaks, except as follows:

Meal & Rest Breaks in Massachusetts (MA)

Massachusetts requires private employers to provide employees meal and rest breaks as follows:

Meal Breaks

• Most employees must be given a 30-minute meal break after 6 hours of work.

Day of Rest Requirement

• Most employees must receive 24 hours of rest (which must include the interval from 8:00 a.m. to 5:00 p.m.) after working 6 consecutive days.

Meal and Rest Break Requirements for Domestic Workers

The Domestic Workers Bill of Rights provides special meal and rest break rules for domestic employees:

• An employer who employs a domestic worker for 40 hours a week or more must provide a period of rest of at least 24 consecutive hours in each calendar week and at least 48 consecutive hours during each calendar month and where possible, this time must allow for religious worship.
  • A domestic worker may voluntarily agree to work on a day of rest; provided, however, that the agreement is in writing and the domestic worker is paid at the overtime rate for all hours worked on that day in accordance with Massachusetts overtime pay law.
  • Days of rest, whether paid or unpaid, constitute job-protected leave from employment.

• When a domestic worker who does not reside on the employer's premises is on duty for less than 24 consecutive hours, the employer must be the domestic worker for all hours as working time under Massachusetts minimum wage provisions.
  • "Working time" is compensable time that includes all time during which a domestic worker is required t be on the employer's premises or to be on duty and any time worked before or beyond the end of the normal scheduled shift to complete work; provided, however, that working time must include meal periods, rest periods and sleeping periods unless a domestic worker is free to leave the employer's premises and use the time for the domestic worker's sole use and benefit ad is completely relieved of all work-related duties.
• When a domestic worker is required to be on duty for a period of 24 consecutive hours or more, the employer and the domestic worker may agree, consistent with Massachusetts minimum wage provisions, to exclude a regularly scheduled sleeping period of not more than 8 hours from working time for each 24-hour period.
• When a domestic worker is required to be on duty for a period of 24 consecutive hours or more and unless a prior written agreement is made, all meal periods, rest periods and sleeping periods shall constitute working time.
• Employers who employ a domestic worker for 16 hours or more a week must provide the following information regarding meal and rest breaks:
  
  • Working hours, including meal breaks and time off; and
  • If applicable, the provisions for days of rest, sick days, vacation days, personal days, holidays, transportation, health insurance, severance, yearly raises and, whether or not earned, vacation days, personal days, holidays, severance, transportation costs and if health insurance costs are paid or reimbursed.

For More Information

Massachusetts Department of Labor and Workforce Development

Michigan Meal & Rest Breaks

Michigan generally does not require private employers to provide employees with meal or rest breaks. However, employees who are 17 years of age or younger generally must be provided a 30-minute meal or rest break for every 5 consecutive hours worked. For more information, please contact the Michigan Department of Licensing and Regulatory Affairs.

Meal & Rest Breaks in Minnesota (MN)

Minnesota requires private employers to provide employees meal and rest breaks as follows:

Meal Breaks

• Unless otherwise provided by a collective bargaining agreement, employees who work at least 8 consecutive hours must be given sufficient time to eat a meal (the break may be unpaid).
• A break less than 20 minutes long must be counted as time worked.

Nursing Mothers

• An employer must provide reasonable unpaid break time each day to an employee who needs to express breast milk for her infant child. The break time must, if possible, run concurrently with any break time already provided to the employee.
• An employer is not required to provide break time if to do so would unduly disrupt the operations of the employer.
• An employer must make reasonable efforts to provide a room or other location, in close proximity to the work area, where the employee can express breast milk in privacy. The location provided may not be a bathroom or toilet stall; must be shielded from view and from intrusion from coworkers and the public; and must include access to an electrical outlet. The employer would be held harmless if reasonable effort has been made.

Rest Breaks

• Employees must be given adequate time from work every 4 consecutive hours to utilize the nearest convenient restroom.

 Minnesota Department of Labor and Industry

Meal & Rest Breaks in Mississippi (MS)

Mississippi requires private employers to allow employees to use any meal or other break period to express breast milk.

Mississippi Department of Health

Meal & Rest Breaks in Missouri (MO)

Missouri generally does not require private employers to provide employees meal or rest breaks.

Missouri Department of Labor and Industrial Relations

Meal & Rest Breaks in Montana (MT)

Montana generally does not require private employers to provide employees meal or rest breaks.

• Rest breaks provided by an employer must be counted as time worked.
• Meal periods provided by an employer also must be considered hours worked, unless:
  • The employee is completely relieved of duty; and
  • The meal period is at least 30 minutes long.
   

Montana Department of Labor and Industry

Nebraska Meal & Rest Breaks

Nebraska generally does not require private employers to provide employees meal or rest breaks.  

However, employers in assembly plants, mechanical establishments and workshops are required to allow their employees to take a lunch period that is at least 30 minutes long for every 8-hour shift. During these breaks, employers cannot require their employees to remain in the buildings or premises where their labor is performed. Violations of this requirement are punishable as a Class III misdemeanor.

Additional exceptions apply for situations governed by a valid collective bargaining agreement. 

More information

For more information please contact the Nebraska Department of Labor. 

Meal & Rest Breaks in Nevada (NV)

This page contains the following information regarding employee meal and rest breaks:

• Meal Breaks  
• Rest Breaks
• Exceptions
• Break Time for Nursing Mothers
• Certain Domestic Workers

Meal Breaks

• Employees generally must be given at least a 30-minute unpaid meal break for every 8 hours of continuous work.

Rest Breaks

• Employees generally must be permitted a 10-minute paid rest period for every 4 hours worked in a day, unless the employee’s total daily work time is less than 3 and one-half hours.

Exceptions

• Employers are not required to provide meal or rest periods if:
  • Only one person is employed at a specific place of employment;
  • Employees are covered by a collective bargaining agreement; or
  • The employer has applied for and been granted an exemption from the Nevada Labor Commissioner based on business necessity.

Break Time for Nursing Mothers

Each employer generally must provide an employee who is the mother of a child under 1 year of age with:

• Reasonable break time (with or without compensation) for the employee to express breast milk as needed; and
• A place (other than a bathroom) that is reasonably free from dirt or pollution, which is protected from the view of others and free from intrusion by others where the employee may express breast milk.

If an employer determines that complying with the provisions above will cause an undue hardship (considering the size, financial resources, nature, and structure of the employer's business), the employer may meet with the employee to agree upon a reasonable alternative. If the parties are not able to reach an agreement, the employer may require the employee to accept a reasonable alternative selected by the employer.

Note: Employers are prohibited from retaliating (or directing or encouraging another person to retaliate) against any employee because that employee has exercised her rights under the law or has taken any action to require the employer to comply with the law.

Small Employers
An employer who employs fewer than 50 employees is not subject to the requirements of the law if such requirements would impose an undue hardship on the employer, considering the employer's size, financial resources, nature, and business structure.

Additional information, including details regarding contractors, is contained in the text of the law.

Certain Domestic Workers

Exclusion from Wages for Certain Meal and Rest Periods for Domestic Service Employees

If a domestic service employee resides in the household where he or she works, the employer and domestic service employee may agree in writing to exclude from the wages of the domestic service employee:

• Periods for meals if the period for meals is at least one-half hour for each meal;
• Periods for sleep if the period for sleep excluded from the wages of the domestic service employee does not exceed 8 hours; and
• Any other period of complete freedom from all duties during which the domestic service employee may either leave the premises or stay on the premises for purely personal pursuits. To be excluded from wages under this provision, a period must be of sufficient duration to enable the domestic service employee to make effective use of the time.

However, if a period excluded from the wages of the domestic service employee under the law is interrupted by a call to duty by the employer, the interruption must be counted as hours worked for which compensation must be paid. Click here for more information.

Sleeping Periods for Certain Residential Facility and Personal Care Services Employees 

If an employee who is on duty at a residential facility for a group of similarly situated persons who require supervision, care, or other assistance from employees at the residential facility is required to be on duty for 24 hours or more, the employer and employee may agree in writing to exclude from the employee's wages a regularly scheduled sleeping period not to exceed 8 hours if adequate sleeping facilities are furnished by the employer.

If the sleeping period is interrupted by any call for service by the employer, the interruption must be counted as hours worked.

If the sleeping period is interrupted by any call for service by the employer to such an extent that the sleeping period is less than 5 hours, the employee must be paid for the entire sleeping period.

Note: Certain personal care services employees may agree not to be paid for a sleeping period. Click here for more information.

Certain Rules Regarding Sleeping, Meal, and Rest Time for Domestic Workers (Domestic Workers' Bill of Rights)

If a domestic worker is required to be on duty, he or she must be paid for all working time, including (without limitation) sleeping time and meal breaks (except as otherwise provided under state law (§ 608.0195, which is discussed above)).

Additionally, if a domestic worker is hired to work for 40 hours per week or more, his or her employer must provide a period of rest of at least 24 consecutive hours in each calendar week and at least 48 consecutive hours during each calendar month. The domestic worker may agree in writing to work on a scheduled day of rest, but must be compensated for such time under the law.

Click here for more information.

Nevada Office of the Labor Commissioner

Meal & Rest Breaks in New Hampshire (NH)

New Hampshire requires private employers to provide employees meal and rest breaks as follows:

Meal Breaks

• Employees who work more than 5 consecutive hours generally must be given a 30-minute meal period (unless it is feasible for employees to eat during work and the employer allows them to do so).

Day of Rest Requirement

• Employees required to work on a Sunday must receive a 24 consecutive-hour rest period during the following 6 days.
• Employers who operate on Sundays must post in a conspicuous location in the workplace a list of the employees required to work on Sundays and the day of rest for each employee, and file the list with the New Hampshire Labor Commissioner.
• Certain categories of employees are excluded from these requirements, including:
  • Janitors, watchmen and caretakers;
  • Employees engaged in the preparation, publication, sale and delivery of newspapers;
  • Employees engaged in farm or personal service;
  • Employees engaged in any labor called for by an unanticipated emergency;
  • Employees engaged in any work connected with retail stores in resort areas, inns, theaters, motion picture houses, hotels and restaurants; and
  • Employees of telegraph and telephone offices.
   

New Hampshire Department of Labor

Meal & Rest Breaks in New Jersey (NJ)

New Jersey generally does not require private employers to provide employees meal or rest breaks, except as follows:

Special Requirements for Minors

• Employees under age 18 must be given a meal period of at least 30 minutes if they work more than 5 continuous hours.

Breastfeeding

Under the state nondiscrimination law, an employer generally must provide reasonable accommodation for needs related to an employee's pregnancy, when the employee (based on the advice of her physician) requests the accommodation. In the case of an employee breastfeeding her infant child, the accommodation must include reasonable break time each day and a suitable room or other location with privacy (other than a toilet stall) close to the work area for the employee to express breast milk.

New Jersey Department of Labor and Workforce Development

Meal & Rest Breaks in New Mexico (NM)

New Mexico generally does not require private employers to provide employees meal or rest breaks.

• If an employer provides meal breaks that are less than 30 minutes, the breaks must be paid.  

New Mexico Department of Workforce Solutions

Meal & Rest Breaks in New York (NY)

New York State requires most private employers to provide employees meal and rest breaks as follows:

Meal Breaks	30-minute meal break between 11:00 a.m. and 2:00 p.m. for shifts 6 hours or longer that extend over that time period. 45-minute meal break midway between the beginning and end of an employee's shift, if the shift is more than 6 hours and starts between 1:00 p.m. and 6:00 a.m. Additional 20-minute meal break between 5:00 p.m. and 7:00 p.m. for workdays that extend from before 11:00 a.m. to after 7:00 p.m.
Rest Breaks	Not required, but if a break of up to 20 minutes is permitted, it must be counted as compensable hours worked.
Breastfeeding Breaks	Employers must: Provide reasonable unpaid break time, or permit nursing employees to use paid break time, each day to express breast milk for up to 3 years following childbirth; and Make reasonable efforts to provide a room or area in close proximity to the work area where employees can express breast milk in privacy. In addition, New York City employers with at least 4 employees must provide lactation rooms, as well as refrigerators, in reasonable proximity to work areas for employees to express and store breast milk. These employers are also required to implement a written lactation room accommodation policy to be distributed to all new employees. Click here to download model policies and a request form.
Day of Rest Requirement	Employees working in the following establishments generally must be allowed a rest period of at least 24 consecutive hours each calendar week: Factories; Hotels; Restaurants; and Office and apartment buildings.

Additional requirements and exceptions to the information above may apply, including to factory employers. For additional information, contact the New York Division of Labor Standards at 1-888-469-7365.

North Carolina Meal & Rest Breaks

North Carolina generally does not require private employers to provide employees with meal or rest breaks. However, employees who are 15 years of age or younger generally must be provided a 30-minute rest break for every 5 consecutive hours worked. For more information, please contact the North Carolina Department of Labor.

 

Meal & Rest Breaks in North Dakota (ND)

North Dakota requires private employers to provide employees meal and rest breaks as follows:

Meal Breaks

• Unless otherwise provided by mutual agreement, employees who work more than 5 hours generally must be given a 30-minute meal break where 2 or more employees are on duty.
  • The break may be unpaid so long as the employee is completely relieved of duty and the meal period is ordinarily 30 minutes long.

Day of Rest Requirement for Retail Employees

• An employer may not require an employee to work 7 consecutive days in a business that sells merchandise at retail and may not deny an employee at least one period of 24 consecutive hours of time off for rest or worship in each 7-day period.
  • The time off must be in addition to the regular periods of rest allowed during each day worked.
• A retail employer must accommodate the religious beliefs and practices of an employee unless doing so would constitute an undue hardship on the employer's business.

North Dakota Department of Labor and Human Rights

Ohio Meal & Rest Breaks

Ohio generally does not require private employers to provide employees with meal or rest breaks. However, employees who are 17 years of age or younger generally must be provided a 30-minute unpaid rest break for every 5 consecutive hours worked. For more information, please contact the Ohio Department of Commerce.

Meal & Rest Breaks in Oklahoma (OK)

Oklahoma generally does not require private employers to provide employees meal or rest breaks, except as follows:

Special Requirements for Minors

• Employees under age 16 must be permitted a 30-minute rest period for every 5 consecutive hours of work, and 1 total hour of rest for every 8 consecutive hours of work.

Oklahoma Department of Labor  

Oregon Meal & Rest Breaks

Oregon requires private employers to provide employees meal and rest breaks as follows:

Meal Breaks 

• Non-exempt employees must receive a meal break of at least 30 minutes for each work period that is at least 6 hours long.
  • If an employee works between 6 and 7 hours, the meal break must be between the second and fifth hours. 
• If the work period is longer than 7 hours, the meal break must be taken between the third and sixth hours. Minors (employees under the age of 18) must receive a meal break of at least 30 minutes beginning no later than 5 hours and one minute after the minor reports to work.
• Non-exempt employees must receive one or more additional meal breaks if the work period is 14 or more hours long.
• The meal break may be unpaid as long as the employee is completely relieved of all duties.
  • Employees who are 14 or 15 years old must be relieved of all duties during the meal period.  
• Employers may be excused from the 30-minute meal break requirement if the break would cause an undue hardship to the employer's operations or in other limited circumstances. 

Rest Breaks 

• Employees must receive a paid rest break (separate from the meal period) of at least 10 minutes (or at least 15 minutes for employees under the age of 18) for each 4-hour segment worked in one work period. 

Special Requirements 

• Employees may not legally waive their rights to receive required breaks.
• Employers may require non-exempt employees to take all required breaks and may discipline an employee who refuses to do so.    

Lactation Breaks   

• Oregon employers must provide reasonable rest periods to any employee who needs to express milk for the employee’s child who is 18 months of age or younger, each time the employee has a need to express milk. 
• Employers must also make a reasonable effort to provide a private location close to the employee’s work area (other than a public restroom or toilet stall) for employees to express milk. 
• In general, lactation rest periods are unpaid; however, employers may need to consider these breaks as paid rest breaks or hours worked when:
  • Required by law or contract;
  • The employer’s contribution to an employee’s health insurance is influenced by the number of hours the employee works, but only for the purpose of measuring the number of hours the employee works.  
• An employer may allow an employee to change job duties temporarily if the employee’s regular job duties do not allow for expressing milk. 
• The law exempts employers with 10 or fewer employees from the requirement if it would impose significant difficulty or expense in relation to the size, financial resources, nature or structure of the employer's business. 
• When possible, employees must provide their employers with reasonable notice of their need to use lactation breaks. However, failure to give notice is not grounds for discipline.
• Employees must, if feasible, take lactation breaks at the same time as other rest periods and meal breaks.  

Domestic Workers' Protection Act

Under state law, a person employing a domestic worker must (among other things):

• Provide the domestic worker at least 24 consecutive hours of rest each workweek.
  • Note: If the domestic worker agrees to work on the anticipated day of rest, the employer must pay the employee a specified overtime rate.  
• If the domestic worker worked an average of at least 30 hours per week during the previous year, provide the domestic worker with at least 3 paid personal leave days off; and 
• If the domestic worker lives in the employer's home:
  • Provide at least 8 consecutive hours of rest within each 24-hour period and provide a space with adequate conditions for uninterrupted sleep; and 
  • Permit the domestic worker to cook his or her own food (subject to reasonable restrictions based on the religious or health needs of the home's residents).   

More Information 

For more information, please contact the Oregon Bureau of Labor and Industries.

Pennsylvania Meal & Rest Breaks

Pennsylvania generally does not require private employers to provide employees who are not minors with meal or rest breaks. However, minors who are 17 years of age or younger generally must be given a meal break of at least 30 minutes if they work for more than 5 continuous hours. For more information, please contact the Pennsylvania Department of Labor and Industry. 

Meal & Rest Breaks in Rhode Island (RI)

Rhode Island requires private employers to provide employees meal and rest breaks as follows:

Meal Breaks

• Except for healthcare facilities and companies employing less than 3 employees at one site during a shift:
  • A 20-minute meal period (which may be unpaid) must be given during a 6-hour shift; and
  • A 30-minute meal period (which may be unpaid) must be given during an 8-hour shift.

Day of Rest Requirement

• Employers generally may not fire or otherwise discriminate against an employee for not working on a Sunday or holiday.

Rhode Island Labor Standards Division

South Carolina Meal & Rest Breaks

In general, South Carolina generally does not require private employers to provide employees meal or rest breaks. 

Lactation Breaks

On June 26, 2020, South Carolina enacted the Lactation Support Act (the Act). The Act requires employers to provide workers unpaid break time and to make reasonable efforts to provide a private space to express milk at work. The Act applies to all private and public employers with one or more employees.

• Break Time: If possible, the lactation break must run concurrently with any break time already provided to the employee. The Act does not require an employer to provide break time if doing so would create an undue hardship on the operations of the employer.
• Location: Employers must make reasonable efforts to provide a room or other location other than a bathroom stall. The location must be in close proximity to the work area. The location must allow employee to express milk in privacy. However, the Act does not require an employer to build a room for the primary purpose of expressing breast milk.
• Employee Obligations: The Act requires employees to make reasonable efforts to minimize disrupting the employer’s operations.

The Act prohibits employers from discriminating against employees to exercising their rights under the Act. 

Employers will be required to comply with the law by Aug. 24, 2020.

More Information

For more information please contact the South Carolina Department of Labor, Licensing and Regulation.

Meal & Rest Breaks in South Dakota (SD)

South Dakota generally does not require private employers to provide employees meal or rest breaks.

South Dakota Department of Labor and Regulation

Meal & Rest Breaks in Tennessee (TN)

Tennessee requires private employers to provide employees meal and rest breaks as follows:

Meal/Rest Breaks

• Employees scheduled to work 6 consecutive hours must be given a 30-minute unpaid meal or rest break, except in workplace environments that by their nature of business provide for ample opportunity to rest or take an appropriate break.
  • The break may not be scheduled prior to or during the first hour of work. 

Note: The 30-minute meal or rest break may be waived for tipped employees who serve food or beverages, subject to the mutual consent of the employer and the employee, if certain requirements are satisfied. More information is available by clicking here (§ 50-2-103(h)(2)).

Breastfeeding Breaks

• Employers are required to provide reasonable unpaid break time each day to an employee who needs to express breast milk for her infant, unless doing so would unduly disrupt the operations of the employer.
  • The break time must, if possible, run concurrently with any break time already provided to the employee.
• Employers must make reasonable efforts to provide a room or other location in close proximity to the work area, other than a toilet stall, where an employee can express breast milk in privacy.

Tennessee Department of Labor and Workforce Development

Meal & Rest Breaks in Texas (TX)

Texas generally does not require private employers to provide employees meal or rest breaks. However, retail employers must give employees that work more than 30 hours a week at least 24 consecutive hours to rest or worship every 7 days. Click here for more information.

Meal & Rest Breaks in Utah (UT)

Utah generally does not require private employers to provide employees meal or rest breaks, except as follows:

Special Requirements for Minors

• Employees under the age of 18 must be permitted a meal period of at least 30 minutes not later than 5 hours from the beginning of their shift.
  • If the minor is not completely relieved of all duties and permitted to leave the work area, the meal period must be paid as time worked.
• Minors must receive rest breaks of at least 10 minutes for every 4-hour period or portion thereof that is worked, but may not work over 3 consecutive hours without a 10-minute rest period.

Utah Labor Commission 

Meal & Rest Breaks in Vermont (VT)

Vermont requires private employers to provide employees with reasonable opportunities throughout the workday to eat and to use toilet facilities.

Vermont Department of Labor  

Virginia Meal & Rest Breaks

Virginia generally does not require private employers to provide employees with meal or rest breaks. However, employees who are 15 years of age or younger generally must be provided a 30-minute rest break for every 5 consecutive hours worked. For more information, please contact the Virginia Department of Labor and Industry.

 

Meal & Rest Breaks in Washington (WA)

Washington requires private employers to provide employees meal and rest breaks as follows:

Meal Breaks

• Employees who work more than 5 hours in a shift must be given a 30-minute meal break, beginning no earlier than 2 hours and no later than 5 hours from the start of a shift.
  • Minors who are 14 and15 years old may not work more than 4 hours without being given a meal period of at least 30 minutes, which must be separate from and in addition to required rest periods.
  • Minors who are 16 and 17 years old may not be required to work more than 5 consecutive hours without a meal period of at least 30 minutes. Their meal periods must start no less than 2 hours but no more than 5 hours from the beginning of their work shift. 
• A 30-minute meal period also must be provided before or during any overtime shift that is at least 3 hours after a normal work day.
• The meal break may be unpaid if the employee is completely free from duties during the entire meal period.
  • If the employee is required to remain on duty on the premises, or at a prescribed work site for the employer's benefit, meal breaks must be paid. 

Note: The Washington Supreme Court has held that an employer is not automatically liable if a meal break is missed because an employee may waive the meal break. Additionally, an employee asserting a meal break violation under state regulations can establish his or her case by providing evidence that he or she did not receive a timely meal break. The employer may rebut this by showing that in fact no violation occurred or that a valid waiver existed. Employers with questions regarding the case's impact on workplace policies and practices should contact a knowledgeable employment law attorney.

Rest Breaks

• Employees must be permitted rest breaks of at least 10 minutes for every 4 hours of work, which must be scheduled as close as possible to the midpoint of the work shift.
  • An employee may not be required to work more than 3 consecutive hours without a rest period.
  • Where the nature of the work allows employees to take rest breaks equivalent to 10 minutes for every 4 hours of work, the employer is not required to schedule rest breaks. 
• Minors who are 14 or 15 years old must be given a rest break of at least 10 minutes for every 2 hours worked.
• Minors who are 16 and 17 years old must receive a rest period of not less than 10 minutes at least every 3 hours (for each 4 hours worked). Their rest periods must be scheduled as near as possible to the midpoint of the work period.
• Note: The Supreme Court of Washington has issued an opinion addressing an employer's obligations regarding the 10-minute rest breaks required for each four hours a non-exempt employee works. The court held that when workers worked through their rest breaks, the missed opportunity to rest and the additional labor provided constitute “hours worked.” These additional hours extended the workweek beyond 40 hours, entitling the workers to overtime compensation. To read the opinion in its entirety, please click here.

Washington Department of Labor and Industries

Meal & Rest Breaks in West Virginia (WV)

West Virginia requires private employers to provide employees meal breaks as follows:

• Where employees are not given necessary breaks and/or are not permitted to eat while working, employers must provide at least a 20-minute meal period for work shifts of 6 or more hours.
• Employees under age 16 must receive at least a 30-minute meal break if they work more than 5 consecutive hours. 

West Virginia Division of Labor   

Wisconsin Meal & Rest Breaks

In Wisconsin, whether employers must provide employee meal or rest breaks depends on the employee's age:  

• A meal break is required for employees under the age of 18.
• A meal break is recommended for employees who are 18 years or age or older. 

The meal break should be at least 30 minutes long and reasonably close to the usual meal period time (6:00 a.m., 12:00 noon, 6:00 p.m., or 12:00 midnight) or near the middle of a shift. Shifts of more than 6 consecutive hours without a meal period should be avoided. 

Employers must consider breaks that last fewerthan 30 consecutive minutes as hours worked and compensate their employees accordingly. Employers must also compensate their employees for "on duty" meal periods. An "on duty" meal period is one where the worker is not provided at least 30 consecutive minutes free from work, or where the worker is not free to leave the employer's premises.

One Day of Rest in Seven

Employers operating factories or retail establishments in Wisconsin must provide employees with at least one day off (24 consecutive hours of rest) in each calendar week. However, Wisconsin law does not require that this day off be given every seven days. For example, an employer may legally schedule work for 12 consecutive days within a two-week period if the days of rest fall on the first and last days of the two-week period.

Exceptions  

The "one day of rest in seven" rule does not apply to: 

• Employees who state in writing that they voluntarily choose to work without a day off in seven consecutive days;
• Janitors; 
• Watchmen; 
• Persons employed in the manufacture of butter, cheese or other dairy products or in the distribution of milk or cream; 
• Persons employed in canneries and freezers; 
• Persons employed in bakeries, flour and feed mills, hotels, and restaurants; 
• Employees whose duties include no work on Sunday other than caring for live animals or maintaining fires, and any labor called for by emergency that could not reasonably have been anticipated; or
• In paper and pulp mills, the "one day of rest in seven" rule does not apply to superintendents or department heads whose work is supervisory and not manual. It does apply to machine operators in paper and pulp mills, but in those mills it does not apply to millwrights, electricians, pipe fitters, and other employees whose duties include not more than five hours of essential work on Sunday, making necessary repairs to boilers, piping, wiring or machinery.

Waivers

Upon joint request of labor and management, the state Department of Workforce Development may grant modifications or waivers of the "one day of rest in seven" requirement. Click here for more information.

More Information

Visit the Wisconsin Department of Workforce Development for more information on breaks and meal periods. 

Meal & Rest Breaks in Wyoming (WY)

Wyoming generally does not require private employers to provide employees meal or rest breaks.

Wyoming Department of Workforce Services