Break Laws by State

There is no federal law requiring meal or rest breaks for adults, but many states have their own rules. Here is what applies where you work.

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Browse break laws by state

Select a state below to see meal break and rest break requirements, including duration, when they apply, and whether breaks must be paid.

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Are employers required to give breaks?

At the federal level, no. The Fair Labor Standards Act does not require employers to provide meal or rest breaks to adult workers. However, if an employer does provide short breaks (typically 5 to 20 minutes), federal law requires that they be paid.

Many states fill this gap with their own break laws. Some require a meal break after a certain number of hours worked. Some require paid rest breaks at regular intervals. Others have no state break requirements at all, leaving it entirely to the employer.

Meal breaks vs. rest breaks

Meal breaks (also called lunch breaks) are typically 30 minutes and may be unpaid if the employee is fully relieved of duties. Rest breaks are shorter (usually 10 to 15 minutes) and are generally required to be paid. Not all states require both types, and the rules on duration, timing, and compensation vary.

What if your state has no break law?

If your state does not require breaks, your employer is not legally obligated to provide them. Many employers offer breaks anyway as a matter of policy. If your employer does provide breaks, federal law governs whether they must be paid. Breaks under 20 minutes are generally considered compensable work time.

Frequently Asked Questions

Can I waive my meal break?

In some states, yes. Several states that require meal breaks allow employees to waive them voluntarily, often when the shift is a certain length or when the employee prefers to leave earlier. The rules on waiver vary by state and sometimes require a written agreement.

Do break laws apply to all employees?

Not always. Some state break laws only apply to specific industries (such as manufacturing or retail) or to non-exempt employees. Certain professions, such as healthcare workers, may have modified break rules. Check your state's specific rules for details on who is covered.

What if my employer does not let me take my required break?

In states with mandatory break laws, employers who fail to provide required breaks may owe you additional compensation (often one hour of pay for each missed break). You can file a wage claim with your state's labor department. Keep records of missed breaks to support your claim.