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What is a paid break?

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A paid break is a short period of time during the workday when employees are allowed to take a rest while still receiving their regular pay. These breaks are typically provided for meals or rest and vary based on employer policies and labor laws.

Federal break laws

Federal law in the U.S. does not mandate meal or rest breaks for most employees. Instead, employment laws around breaks are largely governed by state regulations, although federal guidelines do exist to make sure employees are treated fairly when breaks are provided. The US Department of Labor oversees and enforces most federal regulations that exist.

Fair Labor Standards Act (FLSA)

The main federal law governing breaks for US employees is the Fair Labor Standards Act (FLSA).

The FLSA does not require employers to provide breaks to employees. However, if employers do offer short breaks, typically lasting between 5 and 20 minutes, the FLSA mandates that these breaks must be counted as hours worked and therefore must be paid.
Additionally, when short breaks are provided, they must contribute toward the employee’s minimum wage and overtime calculations. Longer breaks, such as meal periods of 30 minutes or more, are not required to be paid as long as the employee is fully relieved of duties during that time.

State break laws

Because federal law doesn’t mandate rest or meal breaks, states have developed their own regulations. This creates a patchwork of laws, with some states requiring specific break periods for certain workers. For example, states like California and New York have strict guidelines on break and meal periods, while other states may have no requirements at all. Employers are responsible for understanding and complying with the state laws where their employees work.

Below, find a brief overview of each state’s rest, meal, and lunch break laws as of September 2024.

State

Break law (if applicable)

Alabama

Workers under 16 are entitled to a 30-minute break when they work more than 5 consecutive hours.

Alabama defaults to federal law for all workers ages 16 and older.

Alaska

Minors are entitled to a 30-minute meal break when they work 5+ consecutive hours.

Alaska defaults to federal law for workers 18 and older.

Arizona

Arizona defaults to federal law for all workers.

Arkansas

Arkansas defaults to federal law for all workers.

California

Workers are entitled to a 30-minute unpaid lunch break if they work more than 5 consecutive hours. If they cannot be fully relieved of their duties and leave the premises, the lunch period must be paid. If they work more than 10 hours, they are entitled to a second lunch break. If they work more than 15 hours, they’re entitled to a third. If they work more than 20 hours, they’re entitled to a fourth.

If an employer fails to provide a 30-minute lunch break, the employee is entitled to a full hour of extra pay.

Workers are also entitled to a 10-minute paid rest break every four hours. Those who work in extreme weather conditions are entitled to an additional five-minute “recovery period” in a protected environment. Any time a worker is forced to work through their rest period, they are entitled to a full hour of extra pay.

Colorado

Workers are entitled to a 30-minute meal break if they work 5+ consecutive hours. If the break is “duty free,” it can be unpaid. If they are required to perform any duties while on break time, it must be paid.

Workers in the retail, food and beverage, commercial support, health care, and medical industries are entitled to a 10-minute rest break for every 4 hours of work time.

Connecticut

Non-exempt employees are entitled to a 30-minute unpaid meal break if they work at least 7.5 hours. Employers are exempt from the requirement if:

- Complying would endanger public safety
- The job’s duties can only be done by one person
- Fewer than five employees are working at the location
- Operations require employees to be available to respond to urgent conditions

Delaware

Workers over 18 years of age who work at least 7.5 consecutive hours are entitled to a 30-minute unpaid meal break. The break must occur after the first two hours of work and before the last two hours of work. Employers are exempt from the requirement if:

- Complying would endanger public safety
- The job’s duties can only be done by one person
- Fewer than five employees are working at the location
- Operations require employees to be available to respond to urgent conditions
- A collective bargaining agreement provides otherwise
- The employee works for a school board and works directly with children

District of Columbia

Washington, D.C. defaults to federal law for all workers.

Florida

Workers under 18 are entitled to a 30-minute unpaid meal break when they work more than 4 consecutive hours.

Florida defaults to federal law for all workers ages 18 and older.

Georgia

Georgia defaults to federal law for all workers ages 16 and older.

Hawaii

Workers under 16 are entitled to a 30-minute unpaid meal break when they work more than 5 consecutive hours.

Hawaii defaults to federal law for all workers ages 16 and older.

Idaho

Idaho defaults to federal law for all workers.

Illinois

Workers under 16 are entitled to a 30-minute meal break when they work more than 5 consecutive hours.

Workers 16 and older are entitled to a 20-minute unpaid meal break when they work 7.5+ consecutive hours. The break must occur no more than 5 hours after the start of the shift.

Indiana

Workers under 18 are entitled to 1-2 breaks totalling 30 minutes when they work at least 6 consecutive hours.

Indiana defaults to federal law for all workers ages 18 and older.

Iowa

Workers under 16 are entitled to a 30-minute unpaid meal break when they work more than 5 consecutive hours.

Iowa defaults to federal law for all workers ages 16 and older.

Kansas

Kansas defaults to federal law for all workers.

Kentucky

Workers are entitled to a reasonable unpaid meal break (typically lasting 20-30 minutes) when they work 5+ consecutive hours. The break must occur after the third hour and before the fifth hour of work.

Workers are also entitled to a 10-minute rest break after every 4 hours of work.

Louisiana

Workers under 18 are entitled to a 30-minute unpaid meal break when they work more than 5 consecutive hours.

Louisiana defaults to federal law for all workers ages 18 and older.

Maine

Workers are entitled to a 30-minute unpaid rest break for every work period lasting six or more hours, but only when three or more people are on duty.

Maryland

Workers under 18 are entitled to a 30-minute unpaid meal break when they work more than 5 consecutive hours.

Maryland defaults to federal law for most workers ages 18 and older.

Under the Healthy Retail Employee Act, certain retail employees are entitled to 30 minute meal breaks when they work more than 6 consecutive hours, 15-minute breaks for shifts that last 4-6 hours, and additional 15-minute breaks for every additional 4 hours worked during shifts lasting 8+ hours.

Massachusetts

Workers are entitled to 30-minute unpaid meal breaks when they work 6+ hours. Those who work in factory and mechanical establishments are exempt.

Michigan

Workers under 18 are entitled to a 30-minute unpaid meal break when they work more than 5 consecutive hours.

Michigan defaults to federal law for all workers ages 18 and older.

Minnesota

Workers are entitled to sufficient unpaid time to eat a meal if they work 8+ hours. Break time must be paid if it’s less than 20 minutes.

Mississippi

Mississippi defaults to federal law for all workers.

Missouri

Missouri defaults to federal law for all workers.

Montana

Montana defaults to federal law for all workers.

Nebraska

Workers in assembling plants, workshops, or mechanical establishments are entitled to a 30-minute rest break per 8-hour shift.

Nevada

Workers are entitled to a 30-minute meal break when they work 8+ continuous hours.

They are also entitled to at least 10 minutes of rest time every four hours. Breaks are not required if they work less than three and a half hours.

New Hampshire

Workers are entitled to a 30-minute meal break when they work 5+consecutive hours.

New Jersey

Workers under 18 are entitled to a 30-minute unpaid meal break when they work more than 5 consecutive hours.

New Jersey defaults to federal law for all workers ages 18 and older.

New Mexico

New Mexico defaults to federal law for all workers.

New York

Workers are entitled to a 30-minute meal break when they work 6+ hours. The break should occur between 11am and 2pm.

Workers are entitled to an additional 15 minutes added to their break if their shift starts between 1pm and 6am. The break should occur midway through the shift.

Workers are entitled to an additional 20 minutes added to their break if their shift starts before 11am and continues after 7pm. Their break should occur between 5-7pm.

Factory workers are entitled to a one-hour meal break midway through a shift lasting 6+ hours.

Workers are also entitled to 24 consecutive hours of rest per workweek.

North Carolina

Workers under 16 are entitled to a 30-minute unpaid meal break when they work more than 5 consecutive hours.

North Carolina defaults to federal law for all workers ages 16 and older.

North Dakota

Workers are entitled to a 30-minute unpaid meal break when they work 5+ hours when two or more employees are on duty.

Ohio

Workers under 18 are entitled to a 30-minute unpaid meal break when they work more than 5 consecutive hours.

Ohio defaults to federal law for all workers ages 18 and older.

Oklahoma

Workers under 16 are entitled to a 30-minute unpaid meal break when they work more than 5 consecutive hours, and a one-hour unpaid meal break when they work more than 8 consecutive hours.

Oklahoma defaults to federal law for all workers ages 16 and older.

Oregon

Workers are entitled to a 30-minute unpaid meal break, uninterrupted and relieved of all work duties, when they work 6 consecutive hours. They are entitled to two breaks if they work 14-22 hours, and three breaks if they work 22-24 hours.

Workers are entitled to 10-minute paid breaks based on how long they work:

- 2-6 hours: 1 break
- 6-10 hours: 2 breaks
- 14-18 hours: 4 breaks
- 18-22 hours: 5 breaks
- 22-24 hours: 6 breaks

Workers under 18 get the same meal breaks. For rest breaks, they get 15 minutes instead of 10.

Pennsylvania

Workers under 18 are entitled to a 30-minute unpaid meal break when they work more than 5 consecutive hours.

Pennsylvania defaults to federal law for all workers ages 18 and older.

Rhode Island

Workers are entitled to 20-minute meal breaks when they work at least 6 hours, and 30-minute breaks when they work at least 8 hours. Breaks can be unpaid as long as workers are fully relieved of their duties.

South Carolina

South Carolina defaults to federal law for all workers.

South Dakota

South Dakota defaults to federal law for all workers.

Tennessee

Workers are entitled to 30-minute meal breaks when they work 6+ hours.

Texas

Texas defaults to federal law for all workers.

Utah

Workers under 18 are entitled to a 30-minute meal break no more than 5 hours into the workday. They must be given a 10-minute rest break for every 4 hours worked, and cannot work more than 3 consecutive hours without a 10-minute break.

Utah defaults to federal law for all workers ages 18 and older.

Vermont

Workers must have “reasonable opportunities” to eat and use the bathroom. Breaks must be paid if they are less than 20 minutes.

Virginia

Workers under 16 are entitled to a 30-minute unpaid meal break when they work more than 5 consecutive hours.

Virginia defaults to federal law for all workers ages 16 and older.

Washington

Workers are entitled to 30-minute meal breaks for every 5 consecutive hours worked. Breaks must occur no more than 5 hours after the start of the shift and no more than 2 hours before the end of the shift. Agricultural employees are exempt.

Workers who stay at least 3 hours past the end of their shift are entitled to an additional 30-minute meal break.

Meal breaks are unpaid if the employee is completely relieved of their job duties.

Workers are entitled to 10-minute rest breaks for every 4 hours worked.

Workers under 16 years of age must be given a 30-minute meal break before working 4 consecutive hours. 

For employees ages 16-17, a 30-minute meal break is required no more than 5 hours after the start of their shift and no more than 2 hours before the end of their shift.

West Virginia

Workers under 18 are entitled to a break lasting at least 30 minutes if they are scheduled to work over 5 hours.

All other workers are entitled to a 20-minute meal break when they work 6+ hours.

Wisconsin

Workers under 18 are entitled to a 30-minute duty-free meal break when they work 6+ consecutive hours. Workers ages 16-17 must have 8 hours of rest between shifts if scheduled to work after 8pm.

Wisconsin defaults to federal law for all workers ages 18 and older.

Wyoming

Wyoming defaults to federal law for all workers.

Frequently asked questions about paid breaks

Still have questions about paid breaks? Learn more in the FAQs below.

Where can you find up-to-date information about your state’s meal and rest break requirements?

To find the most current information about your state’s break requirements, visit your state’s department of labor website or refer to the US Department of Labor’s Wage and Hour Division website, which provides resources on state-specific labor laws.

Are employers required to pay for lunch breaks?

Employers are not required to pay for lunch breaks, as long as the employee is relieved of all duties and the break lasts at least 30 minutes. However, if an employee must continue working during the lunch break, that time must be paid.

How long are paid breaks supposed to be?

Paid breaks typically last between 5 to 20 minutes. While there are no specific federal rules about break duration, many state labor laws specify the length of rest breaks based on the number of hours worked.

Rippling and its affiliates do not provide tax, legal, or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, tax, legal, or accounting advice. You should consult your own tax, legal, and accounting advisors before engaging in any related activities or transactions.

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