An unpaid break is a period of time during a work shift when an employee is not compensated for their time, often used for meals or personal activities. These breaks are typically longer than paid rest breaks and are not counted as working hours.
Federal break laws
Federal laws do not require employers to provide meal breaks or rest breaks for employees. However, if breaks are offered, federal employment law and the US Department of Labor establish guidelines on how they must be handled in terms of payment, which we’ll cover in more detail below.
Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) is a federal law that establishes the minimum wage, overtime pay, and other rules related to recordkeeping and child labor laws for private employers in the US.
The FLSA is the employment law that sets regulations around paid and unpaid breaks at the federal level in the US. While the law does not mandate meal periods or rest breaks, it does stipulate that if breaks are provided, employers must adhere to specific regulations:
- Short breaks, usually 20 minutes or less, must be compensated as part of the employee's workday
- Meal breaks that are 30 minutes or longer can be unpaid, provided the employee is not required to perform any work duties during that time
State break laws
In the absence of a comprehensive federal break law, the US has developed a patchwork of varying state laws regarding meal and rest breaks. This means that while federal law may not require break periods, many states have their own specific rules about when breaks are necessary and whether they must be paid or unpaid.
Some states have stringent laws requiring employers to provide rest and meal breaks for employees working a certain number of hours. Other states may have more lenient or no specific requirements at all. As a result, employers are responsible for understanding and complying with the break laws in each state where they operate—and each state where their employees work, in the case of remote workers—to ensure compliance with the law and avoid penalties.
Below, find a brief overview of each state’s meal and rest break requirements 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 unpaid breaks
Still have questions about unpaid breaks? Learn more in the FAQs below.
Are employers required to offer unpaid breaks to all employees?
It depends. Federal law does not require employers to offer unpaid breaks. However, many states have their own regulations that may mandate unpaid meal breaks or rest periods depending on the length of the workday and the number of hours an employee works.
Can employees choose to work through an unpaid break?
In states where meal breaks are mandatory, employees cannot typically choose to work through their unpaid break without the employer potentially facing legal or regulatory consequences. It’s up to employers to make sure employees take their required breaks to comply with state laws.
Does the length of an unpaid break matter?
Yes, the length of the break can determine whether it is considered unpaid or paid. According to federal guidelines, short breaks (typically under 20 minutes) are considered paid time, while longer breaks, such as 30-minute meal breaks, are typically unpaid, provided the employee is relieved of all duties. However, state regulations may further define specific requirements regarding break lengths.
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.