Meal & Rest Breaks
Federal law doesn’t require lunch or rest breaks for adults, but many states do. Breaks also matter for safety: fatigue and heat cause injuries.
- All workers
- State-specific
- California
- Colorado
- Illinois
- Maryland
- Minnesota
- Nevada
- New York
- Oregon
- Washington
Federal rules
- No federal requirement to give meal or rest breaks to adult workers.
- If short breaks (about 5 to 20 minutes) are given, they must be paid.
- Meal periods of 30 minutes or more can be unpaid only if you’re completely relieved of duty. Eating while watching equipment or answering the radio is work time.
- The PUMP Act requires reasonable break time and a private place (not a bathroom) to pump breast milk for one year after a child’s birth.
Examples of state break laws
| State | Meal break (summary) | Rest break (summary) |
|---|---|---|
| California | 30 min before the end of the 5th hour; second meal after 10 hours | 10 min paid per 4 hours (or major fraction); premium pay if missed |
| Washington | 30 min for shifts over 5 hours | 10 min paid per 4 hours |
| Oregon | 30 min for shifts of 6 hours or more | 10 min paid per 4 hours |
| Colorado | 30 min for shifts over 5 hours | 10 min paid per 4 hours |
| Nevada | 30 min for 8 continuous hours | 10 min paid per 4 hours |
| Illinois | 20 min for shifts of 7.5 hours or more | No general requirement |
| New York | Meal periods required based on shift length and time of day | No general requirement |
| Minnesota | Time to eat a meal for shifts of 8+ hours | Restroom break every 4 hours |
Many other states require breaks only for minors. Rules have many exceptions; check your state labor department.
Heat and safety breaks
States with heat rules for outdoor workers (such as California, Washington, Oregon, Colorado, Nevada and Maryland) require rest and shade breaks when it’s hot. Even where it’s not the law, OSHA expects employers to protect workers from heat. See Heat Illness Prevention.
Standards & references
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