Lunch Breaks Aren’t Always a Requirement for Employers
Most employers provide their employees with a paid or unpaid lunch break and some provide additional rest break periods. But did you know that breaks aren’t required by law? Federal law, anyway. The Fair Labor Standards Act (FLSA), the law that governs wages and hours, does not mandate that employers provide meal or rest breaks to employees. Like many other federal laws in the human resources space, some states have stepped in to bridge the gap.
Here’s What You Need to Know
The federal law dictates that if an employee gets meal or rest breaks, the company does not have to pay them for that time unless:
- State law requires paid breaks
- The employee works through a break time (e.g., if they eat while working)
- The break lasts 20 minutes or less
Does Your State Require Lunch Breaks?
To help employers, we’ve created a chart and table explaining lunch break laws in every state. Watch out: some states’ laws apply only to employees who are minors. Check states’ laws for additional provisions and exemptions. All hours worked must be consecutive.
| State | Covered Employees | Duration |
| Alabama | 14- and 15-year-old employees who work more than 5 hours | At least 30 minutes |
| Alaska | Under 18 scheduled to work for 5 consecutive hours without a break | At least 30 minutess |
| Arizona | N/A | N/A |
| Arkansas | Minors in the entertainment industry who work for at least 5 ½ hours
They also must have at least a 12-hour break between work day |
30 to 60 minutes |
| California | All employees who work more than 5 hours a day
*Does not apply if the workday is only 6 hours or if waived by mutual consent. A second meal period is required after 10 hours but may be waived if work day isn’t longer than 12 hours and first meal period isn’t waived. (For more details, read our guide to California Compliance) Employees who work for 3 ½ hours or more get one paid rest break for every 4-hour period worked |
At least 30 minutes
At least 10 minutes |
| Colorado | Employees covered by Colorado’s Minimum Wage Order who work 5+ hours
Paid rest break for every 4 hours worked |
At least 30 minutes
At least 10 minutes |
| Connecticut | Employees who work at least 7½ hours | At least 30 minutes |
| District of Columbia | N/A | N/A |
| Delaware | Employees who work at least 7 ½ hours
Employees under 18 scheduled to work 5 hours |
At least 30 minutes
At least 30 minutes |
| Florida | Employees under 18 who work at least 4 hours | At least 30 minutes |
| Georgia | N/A | N/A |
| Hawaii | 14- and 15-year-old employees who work 5+ hours | At least 30 minutes |
| Idaho | N/A | N/A |
| Illinois | Employees who work 7 ½ hours or longer
Employees under 16 who work 5+ hours |
At least 20 minutes
At least 30 minutes |
| Indiana | Employees under 18 who work 6+ hours | 1-2 breaks totaling 30 minutes |
| Iowa | Employees under 16 who work 5+ hours | At least 30 minutes |
| Kansas | If the meal break is under 30 minutes, the employer must pay the employee | At least 30 minutes if unpaid |
| Kentucky | Employees who work 4+ hours
Employees who work 5+ hours |
Rest break of at least 10 minutes for every 4 hours worked
Meal break of at least 30 minutes |
| Louisiana | Employees under 18 who work 5 hours | At least 30 minutes unpaid |
| Maine | Employees who work 6+ hours | At least 30 minutes |
| Maryland | Certain retail employees
Employees under 18 who work 5 consecutive hours |
15 minutes for a shift of 4-6 hours
30 minutes for a shift of more 6+ hours 30 minutes for 8+ with an additional 15 minutes for every additional 4 working hours At least 30 minutes |
| Massachusetts | Employees who work 6+ hours | At least 30 minutes |
| Michigan | Employees under 18 who work 5+ hours | At least 30 minutes |
| Minnesota | Employees who work 4+ hours
Employees who work 8+ hours |
Must be enough time to use the nearest restroom
Enough time to eat a meal |
| Mississippi | N/A | N/A |
| Missouri | Coal miners
Employees under 16 Employees in the entertainment industry |
At least 1 hour
30-60 minute lunch periods after 5 1/2 hours of work 15-minute rest breaks for every 2 hours of work |
| Montana | N/A | N/A |
| Nebraska | Employees of an assembling plant, workshop or mechanical establishment | At least 30 minutes per 8-hour shift |
| Nevada | Employees working 8+ hours
Employees who work 3 ½+ hours |
At least 30 minutes
At least a 10-minute rest break |
| New Hampshire | Employees who work 5+ hours | At least 30 minutes |
| New Jersey | Employees under 18 who work 5+ hours | At least 30 minutes |
| New Mexico | Employees are not entitled to meal or rest breaks. If employers permit, rest breaks under 20 minutes must be paid. Meal breaks of 30+ minutes can be unpaid. | >20 minutes – rest breaks
30+ minutes – meal breaks |
| New York | Every person employed or in connection with a factory shall be allowed at least 60 minutes for the noonday meal.
Every person employed or in connection with a mercantile or other establishment or occupation under the provisions of this chapter shall be allowed at least 30 minutes for the noonday meal. An employee who works a shift of more than 6 hours which extended over that period shall be entitled to at least 30 minutes off during that time; every person employed for a period or shift starting before 11am and continuing later than 7pm shall be entitled to an additional meal period of at least 20 minutes between 5pm and 7pm. Every person employed more than 6 hours starting between the hours of 1pm and 6am shall be allowed at least 60 minutes for a meal period when employed in or in connection with a factory; 45 minutes for a mercantile establishment. |
At least 60 minutes
At least 30 minutes |
| North Carolina | Employees under 16 who work shifts of 5+ hours | At least 30 minutes |
| North Dakota | Employees who work 5+ hours | At least 30 minutes |
| Ohio | Employees under 18 for every 5 hours worked | At least 30 minutes |
| Oklahoma | Employees under 16 who work 5+ hours
Employees under 16 who work 8+ hours |
At least 30 minutes
At least 30 minutes |
| Oregon | Employees for every 4 hours or greater part of 4 hours (beginning at 2 hours 1 minute) worked
Employees who have worked for 6+ hours |
At least 10 minutes for each rest break for adults
At least 15 minutes for each rest break for employees under 18 At least 30 minutes |
| Pennsylvania | Seasonal farm workers for every 5 hours worked
Minors under 18 for every 5 hours worked |
At least 30 minutes |
| Rhode Island | Employees who work 6+ hours | 20 minutes for employees who work 6 hours
30 minutes for employees who work 8 hours |
| South Carolina | N/A | N/A |
| South Dakota | N/A | N/A |
| Tennessee | Employees who work 6+ hours | At least 30 minutes |
| Texas | N/A | N/A |
| Utah | Employees under 18 for every 5 hours worked
Employees under 18 for every 3 hours or part thereof worked |
At least 30 minutes
At least 10 minutes for each rest break. |
| Vermont | Employers must provide a “reasonable opportunity” to eat and use the restroom. This opportunity must be paid if it is less than 30 minutes | N/A |
| Virginia | Employees under 16 who work 5+ hours | At least 30 minutes |
| Washington | Employees ages 14 and 15 for every 2 hours worked.
Employees ages 14 and 15 for every 4 hours worked Employees ages 16 and 17 who work 5+ hours Employees ages 16 and 17 get a rest break for every 4 hours worked Employees are entitled to a meal break Employees working 3+ longer than a normal work day get an additional meal break Employees who work 4+ hours get a paid rest break. |
At least 10 minutes
At least 2 hours At least 30 minutes At least 10 minutes At least 30 minutes At least 30 minutes At least 10 minutes for every 4 hours worked |
| West Virginia | Employees who work 6+ hours get a meal break | At least 20 minutes |
| Wisconsin | Adult employees are not entitled to meal breaks, but the Wisconsin Administrative Code recommends that employers provide such breaks.
Employees under 18 for every 6 hours worked |
At least 30 minutes. |
| Wyoming | N/A | N/A |
Paycor is not a legal, tax, benefit, accounting or investment advisor. All communication from Paycor should be confirmed by your company’s legal, tax, benefit, accounting or investment advisor before making any decisions.
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