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)
- It’s a shorter break that lasts 20 minutes or less
Unions and Mandatory Rest Breaks
To add to the complexity around the legality of mandatory rest and meal breaks, union collective bargaining agreements can also provide for breaks even in states that don’t require them. For example, depending on the particular collective bargaining agreement, an employee might take a 30-minute unpaid lunch break and two paid 10-minute breaks during an 8-hour shift.
Does Your State Require Lunch Breaks?
To help employers, we’ve created a chart and table explaining meal break laws at work for every state. Watch out, though: 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 consecutive hours | At least 30 minutes |
| Alaska | Under 18 scheduled to work for 5 consecutive hours without a break | At least 30 minutes |
| Arizona | N/A | N/A |
| Arkansas | Minors in the entertainment industry They also must have at least a 10-hour break between work days | 30 to 60 minutes |
| California | Non-exempt 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 workday 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 3.5 hours or more get one paid rest break for every 4-hour period worked | Meal: At least 30 minutes Rest: At least 10 consecutive minutes Note: California law does not permit rounding up time punch entries for meal breaks. |
| 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 one 10-minute rest break |
| Connecticut | Non-exempt employees who work at least 7.5 hours | At least 30 minutes |
| District of Columbia | N/A | N/A |
| Delaware | Employees 18+ who work at least 7.5 hours Employees under 18 scheduled to work 5 hours | At least 30 minutes At least 30 minutes |
| Florida | Non-exempt 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 consecutive hours | At least 30 minutes |
| Idaho | N/A | N/A |
| Illinois | Employees who work 7.5 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 | Minors who work 4+ hours Non-exempt employees 18+ who work 5+ hours | Meal break of at least 30 minutes Entitled to a reasonable period |
| Louisiana | Non-exempt employees under 18 who work 5 consecutive hours | At least 30 minutes unpaid |
| Maine | Employees who work 6+ hours | At least 30 minutes |
| Maryland | Certain retail employees† Non-exempt 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 | Non-exempt 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 | Minors in the entertainment industry | Meal break after 5.5 hours of work plus a 15-minute rest break 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 3.5+ hours | At least 30 minutes At least a 10 consecutive minute rest break every 4 hours |
| 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 is allowed at least 60 minutes for lunch. Every person employed or in connection with a retail or other establishment or occupation is allowed at least 30 minutes for the noonday meal. An employee who works a shift of more than 6 hours is entitled to at least 30 minutes off during that time; every person employed for a period or shift starting before 11 a.m. and continuing later than 7 p.m. is entitled to an additional meal period of at least 20 minutes between 5 p.m. and 7 p.m. Every person employed more than 6 hours starting between the hours of 1 p.m. and 6 a.m. is allowed at least 60 minutes for a meal period when employed in or in connection with a factory; 45 minutes for a retail 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+ hours 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 |
Is my employer allowed to end my lunch break early due to staffing shortages or another workplace emergency?
Meal breaks are typically unpaid and not included in your work time. Your employer can’t force you to work during this break and shouldn’t interrupt your break with phone calls or work assignments. If they do, you might be able to recover to payment for the time you spent working. But, as with a lot of things, there’s an exception to the rule. If you’re the only employee on staff you might be requested to perform work duties, but this requires your agreement. If you request an uninterrupted break, your employer has to provide it.
Can an employer require an employee to take a break?
An employer cannot force an employee to take a break; however, when an employee refuses break or meal time, this should be documented.
What is the federal law on lunch breaks?
Federal law does not require meal or coffee breaks, but 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
How many breaks do you get in an 8-hour shift?
The number of breaks an employee gets for an 8-hour shift depends on the state or industry the employee works in.
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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