Federal law doesn't require meal or rest breaks for adults. It only says that short breaks of 5 to 20 minutes, if you give them, count as paid work time, and that a bona fide meal period of 30 minutes or more can be unpaid if the employee is fully relieved of duty. So break requirements come almost entirely from the states, and they vary widely.
About 20 states and DC have some meal break rule, while only a handful require paid rest breaks. In California, a missed break costs an extra hour of pay, and those premiums add up quickly across a workforce. The table summarizes the rules for adult employees in the private sector. Minors have separate rules in many states.
Break laws by state: all 50 states and DC
| Alabama | None for adults | None required |
| Alaska | None for adults | None required |
| Arizona | None for adults | None required |
| Arkansas | None for adults | None required |
| California | A 30-minute unpaid meal break for shifts over 5 hours (can be waived for shifts of 6 hours or less), and a second meal break for shifts over 10 hours. A missed or late meal break means one extra hour of pay at the regular rate. | A paid 10-minute rest break for every 4 hours worked or major fraction of 4 hours. A missed rest break also triggers one extra hour of pay. |
| Colorado | A 30-minute uninterrupted, duty-free meal period for shifts over 5 hours, under the COMPS Order. If the job makes that impossible, an on-duty paid meal period is allowed. | A paid 10-minute rest period for every 4 hours worked or major fraction of 4 hours. |
| Connecticut | A 30-minute meal period for employees working 7.5 or more consecutive hours, taken after the first 2 hours and before the last 2 hours. | None required |
| Delaware | A 30-minute meal break for employees working 7.5 or more consecutive hours, taken after the first 2 hours and before the last 2 hours. | None required |
| District of Columbia | None for adults | None required |
| Florida | None for adults | None required |
| Georgia | None for adults | None required |
| Hawaii | None for adults | None required |
| Idaho | None for adults | None required |
| Illinois | A 20-minute meal period, starting no later than 5 hours into the shift, for employees working 7.5 or more continuous hours. Hotel room attendants in Cook County get a 30-minute meal period and two paid 15-minute breaks. | No general paid rest break rule, except for hotel room attendants in Cook County and nursing mothers. |
| Indiana | None for adults | None required |
| Iowa | None for adults | None required |
| Kansas | None for adults | None required |
| Kentucky | A reasonable meal period, usually 30 minutes, given between the 3rd and 5th hour of work. It doesn't have to be paid if the employee is relieved of duty. | A paid 10-minute rest period for each 4 hours worked, in addition to the meal period. |
| Louisiana | None for adults | None required |
| Maine | A 30-minute meal or rest break after 6 consecutive hours, unpaid if the employee is fully relieved of duty. Exceptions apply where fewer than 3 employees are on duty and they have frequent breaks. | None required |
| Maryland | Only for retail establishments with 50 or more retail employees: 15 minutes for shifts of 4 to 6 hours, 30 minutes for shifts over 6 hours, and an extra 15 minutes for every additional 4 hours. | None required |
| Massachusetts | A 30-minute meal break for every 6 hours worked, during which the employee is free of all duties and free to leave. | None required |
| Michigan | None for adults | None required |
| Minnesota | Employees working 6 or more consecutive hours must get enough time to eat a meal. It can be unpaid if it's 20 minutes or longer and the employee is relieved of duty. | A paid rest break of 15 minutes, or enough time to use the nearest restroom, whichever is longer, within each 4 consecutive hours of work. |
| Mississippi | None for adults | None required |
| Missouri | None for adults | None required |
| Montana | None for adults | None required |
| Nebraska | A 30-minute lunch period off the premises in each 8-hour shift, but only in assembly plants, workshops, and mechanical establishments. | None required |
| Nevada | A 30-minute meal period for 8 continuous hours of work, for employers with 2 or more employees. | A paid 10-minute rest break for each 4 hours worked or major fraction of 4 hours. |
| New Hampshire | A 30-minute meal break after 5 consecutive hours, unless it's feasible for the employee to eat while working and you allow it. | None required |
| New Jersey | None for adults | None required |
| New Mexico | None for adults | None required |
| New York | A 30-minute meal period between 11 a.m. and 2 p.m. for shifts over 6 hours that span that window, plus additional meal periods for early-starting and late shifts. Factory workers get 60 minutes. | None required |
| North Carolina | None for adults | None required |
| North Dakota | A 30-minute meal period on shifts over 5 hours when 2 or more employees are on duty, if the employee wants one. | None required |
| Ohio | None for adults | None required |
| Oklahoma | None for adults | None required |
| Oregon | A 30-minute unpaid meal period for work periods of 6 hours or more, timed according to shift length. | A paid 10-minute rest break for every 4 hours worked or major part of 4 hours, separate from the meal period. |
| Pennsylvania | None for adults | None required |
| Rhode Island | A 20-minute meal break for a 6-hour shift and a 30-minute meal break for an 8-hour shift. Health care facilities and worksites with fewer than 3 employees on a shift are exempt. | None required |
| South Carolina | None for adults | None required |
| South Dakota | None for adults | None required |
| Tennessee | A 30-minute unpaid meal or rest break for employees scheduled to work 6 consecutive hours, not scheduled during or before the first hour. Tipped food and beverage workers may waive it in writing. | None required |
| Texas | None for adults | None required |
| Utah | None for adults | None required |
| Vermont | No fixed length, but employees must get reasonable opportunities during work periods to eat and use the restroom. | None required |
| Virginia | None for adults | None required |
| Washington | A 30-minute meal period for shifts over 5 hours, given between the 2nd and 5th hour, plus another for 3 or more hours past the normal workday. | A paid 10-minute rest break for every 4 hours worked, and no more than 3 hours without a rest break. |
| West Virginia | A 20-minute meal break for employees working 6 or more consecutive hours, unless they can take breaks as needed or eat while working. | None required |
| Wisconsin | Not required for adults. State rules recommend a 30-minute meal period near normal meal times, and it must be paid if the employee isn't fully relieved of duty. | None required |
| Wyoming | None for adults | None required |
Download the full dataset (CSV, free) All 51 jurisdictions, every field in this library. Free to use with credit.
Quick summary
- 21 jurisdictions require some meal break
- 7 require paid rest breaks
- 30 have no adult meal break rule
States requiring paid rest breaks: California, Colorado, Kentucky, Minnesota, Nevada, Oregon, Washington.
What federal law says
The FLSA doesn't require breaks, but it does decide whether they're paid. Rest breaks of 5 to 20 minutes count as hours worked. Meal periods of 30 minutes or more can be unpaid only if the employee is completely relieved of duty. An employee who eats at the desk while answering phones is working, and the time must be paid. Federal law also requires reasonable break time for nursing employees for one year after a child's birth.
How to stay compliant
Put the break rules for each state in your handbook addendum, schedule breaks rather than leaving them to chance, and have employees record meal periods in your timekeeping system. Time and attendance software can flag missed or short breaks before payroll closes.
Frequently asked questions
Are lunch breaks required by federal law?
Which states require paid rest breaks?
Do breaks have to be paid?
What happens if an employee misses a required break?
Cite or share this data
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<a href="https://www.hrtally.com/state-labor-laws/break-laws-by-state/">Meal and rest break laws by state</a> (source: HRTally)
Suggested citation: HRTally Research Team. "Meal and rest break laws by state." HRTally, updated October 20, 2026. https://www.hrtally.com/state-labor-laws/break-laws-by-state/
General information for US employers, not legal advice. Laws change and have exceptions by industry, employer size, and city. Confirm current rules with the state agency or employment counsel before you rely on them.
Written by the HRTally Research Team
Our guides are written and reviewed by people with hands-on US HR, payroll, and HR technology experience. Legal and tax facts are checked against primary sources, such as the Department of Labor, IRS, EEOC, and USCIS, and linked at the end of each guide. Vendors never review or pay for our editorial content.