State Lunch & Meal Break Laws

Understanding your rights at work is crucial. This guide breaks down lunch break laws by state, covering meal period requirements, work break regulations, and how many hours you must work before getting a break. Whether you're an employer or employee, find the latest state meal break laws and compliance rules to ensure fair workplace policies.

California

Understanding California lunch break laws is essential for employees and employers. Are you required to take a lunch break in California? Yes. State law mandates that employees working over 5 hours must receive a 30-minute meal break, unless their shift is 6 hours or less, and both the employer and employee agree to waive it. If the workday exceeds 10 hours, a second meal break of at least 30 minutes is required, though it can be waived if the total shift is 12 hours or less and the first break was not waived.

Can you work 6 hours without a lunch break in California? Yes, but only if there is a mutual agreement between the employer and employee. Otherwise, failing to provide the required meal breaks results in meal break penalties, where the employer must compensate the worker with one extra hour of pay per violation. Employers must also ensure that breaks are uninterrupted and duty-free. If an employee is required to remain on-site or perform work-related tasks, the break is considered paid time worked.

California also has strict overtime wage laws, which directly affect meal break compliance. Employees who work over 8 hours per day or 40 hours per week must receive overtime pay, and failure to provide proper meal breaks can result in additional wage violations. To help employers and workers determine compliance, try our free tool California Meal Break Calculator to check if you're owed a meal break penalty. You can also use our California Overtime Wage Calculator to ensure correct overtime pay calculations.

Whether you're an employer trying to avoid California labor law violations or an employee ensuring your rights are protected, understanding meal and lunch break laws in CA is crucial. Non-compliance can lead to penalties, lawsuits, and back wages owed. For specific legal guidance, always refer to the California Labor Code or seek advice from an employment law professional.

Colorado

Colorado labor laws require employers in certain industries to provide meal breaks to employees. Under state law, employees working more than five consecutive hours must receive a 30-minute unpaid meal break, provided they are relieved of all duties during that time. If the nature of the job prevents a duty-free meal break, employers must allow employees to eat while working, and the break must be paid.

The Colorado Wage Order applies to employees in retail, food and beverage, commercial support services, and healthcare. However, exemptions exist for administrative, executive, and professional employees, as well as outside salespeople, elected officials, and certain transportation workers. Employees covered by collective bargaining agreements may also have different meal break requirements.

Rest breaks are also mandated in Colorado. Employers must provide a 10-minute paid rest period for every four hours worked, ideally scheduled near the middle of the shift. Unlike meal breaks, rest periods cannot be waived, and failing to provide them may result in wage violations.

Connecticut

Connecticut law requires employers to provide meal breaks for certain employees. Workers scheduled for seven and a half consecutive hours or more must be given at least a 30-minute unpaid meal break. This break must occur sometime after the first two hours of work and before the last two hours of the shift.

Some exceptions apply. Employers are exempt if compliance would compromise public safety, if the job duties can only be performed by one employee, or if the workplace has fewer than five employees on a shift at a single location. Additionally, businesses can negotiate different meal break policies through a collective bargaining agreement.

Unlike some states, Connecticut does not require paid rest breaks. However, employers who voluntarily offer short breaks (typically under 20 minutes) must count them as paid time. Employees covered by specific union contracts or written agreements may have additional rights regarding meal and rest periods.

Delaware

Delaware labor laws require employers to provide meal breaks to employees working seven and a half consecutive hours or more. The break must be at least 30 minutes and scheduled sometime after the first two hours and before the last two hours of a shift.

Some exemptions apply, including workplaces covered by a collective bargaining agreement, jobs where compliance would negatively impact public safety, and businesses with fewer than five employees on a shift. Employers who fail to provide the required meal breaks may face administrative penalties of up to $1,000 per violation, particularly if an employee is penalized for reporting a violation.

Delaware does not mandate paid rest breaks, but if an employer offers short breaks (typically under 20 minutes), they must be counted as paid time.

Illinois

Illinois requires employers to provide meal breaks for employees who work 7.5 consecutive hours or more. Workers must receive at least a 20-minute unpaid meal break, scheduled no later than five hours after the start of the work period.

Additional industry-specific rules apply. Hotel room attendants—employees responsible for cleaning or preparing guest rooms in hotels—are entitled to a 30-minute meal break if they work at least seven hours in a shift. They must also be provided with a clean, dedicated break area with seating and drinking water.

Illinois does not mandate rest breaks, but if employers offer short breaks (typically under 20 minutes), they must be counted as paid time. Employees covered by collective bargaining agreements may have different meal break arrangements.

Kentucky

Kentucky law requires employers to provide a reasonable meal break, which is typically 30 minutes, for employees who work a shift of five or more hours. Unlike in some states, this meal period does not need to be paid, unless the employee is required to perform work duties while eating.

In addition to meal breaks, Kentucky mandates paid rest breaks. Employees must receive a 10-minute paid rest period for every four hours worked. These rest breaks cannot be waived or combined with meal breaks.

Employers who violate Kentucky’s meal and rest break laws may be subject to wage penalties and potential claims from employees for unpaid work time. Employees covered by collective bargaining agreements may have different rules regarding break periods.

Maine

Maine labor laws require employers to provide employees with a 30-minute unpaid meal break after working six consecutive hours. This break must allow employees to be completely relieved of duties unless a collective bargaining agreement (CBA) states otherwise.

Exceptions exist for workplaces with fewer than three employees on duty, where the nature of the job allows frequent short breaks instead of a formal meal period. Employers and employees may also negotiate alternative break arrangements under certain conditions.

Maine does not mandate paid rest breaks, but if an employer offers short breaks (typically under 20 minutes), they must be counted as paid work time. Employers who fail to comply with meal break laws may face wage disputes and penalties.

Maryland

Maryland lunch break laws require certain employers to provide meal periods for employees, but the law primarily applies to retail businesses with 50 or more employees. Under Maryland meal break law, workers must receive a 15-minute break for shifts between 4 and 6 hours, a 30-minute break for shifts over 6 hours, and an additional 15-minute break for every 4 hours worked beyond 8 hours.

Not all workers in the state are covered by Maryland labor laws on meal breaks. Restaurants, wholesalers, and certain other industries are exempt, as are workplaces where a collective bargaining agreement establishes different rules. Additionally, jobs that require continuous operations may have alternative break arrangements if a scheduled meal break would disrupt business.

While Maryland labor laws on breaks for an 8-hour day are specific to retail workers, general labor rules require that if an employer provides short breaks (typically under 20 minutes), they must be counted as paid time. Employers who fail to provide required breaks under Maryland meal and rest break laws may face penalties or wage claims.

Massachusetts

Under Massachusetts lunch break laws, employees working more than six consecutive hours must receive a 30-minute unpaid meal break. During this time, workers must be completely relieved of their duties and allowed to leave the workplace. Employers are not required to provide paid rest breaks, but if they choose to offer short breaks (typically under 20 minutes), they must be counted as paid time.

Some industries and job roles are exempt from Massachusetts meal break laws, including ironworks, glassworks, paper mills, printworks, and bleaching or dyeing factories. Employers in these industries may apply for an exemption from the Massachusetts Attorney General, particularly if continuous operations make scheduled meal breaks impractical.

Violations of Massachusetts labor laws for meal breaks can lead to penalties, including back pay for missed breaks and potential fines. Employers must maintain accurate records to ensure compliance.

Minnesota

Under Minnesota lunch break laws, employees working eight or more consecutive hours must be provided with “sufficient” unpaid time for a meal break. The law does not specify an exact duration, but meal periods must allow employees to eat their meals uninterrupted. If an employer requires the worker to remain on duty during the break, it must be counted as paid time.

In addition to meal breaks, Minnesota labor laws require 15-minute rest breaks for employees working at least four hours. Unlike meal periods, these short rest breaks must be paid and cannot be waived. If a worker is not given the opportunity for a break, employers may face wage violations and be required to compensate employees accordingly.

Some exemptions apply, particularly for jobs with continuous operations or workplaces covered by a collective bargaining agreement. Employers who fail to comply with Minnesota break laws may face penalties under state labor regulations.

Nebraska

Under Nebraska lunch break laws, employers in certain industries must provide a 30-minute unpaid meal break for employees working eight or more hours. This break must be taken off-premises unless otherwise agreed upon. The law specifically applies to assembly plants, workshops, and mechanical establishments but does not extend to all industries.

There are no state-mandated rest break requirements in Nebraska labor laws. However, if an employer voluntarily provides short breaks (typically under 20 minutes), they must be counted as paid time. Employees covered by collective bargaining agreements may have different meal and rest period rules.

Employers who fail to comply with Nebraska break laws may face wage disputes or penalties if they do not adhere to agreed-upon break policies.

Nevada

Under Nevada lunch break laws, employees who work eight or more continuous hours must receive a 30-minute unpaid meal break. This break must allow the worker to be completely relieved of duties, except in cases where the nature of the work prevents a duty-free meal period. In such cases, the break must be paid.

Nevada law also requires paid rest breaks. Employees must receive a 10-minute paid break for every four hours worked, typically scheduled near the middle of the shift. If a worker’s shift is less than three and a half hours, a rest break is not required.

Certain employees may be exempt, including those covered by collective bargaining agreements. Additionally, some employees may wonder, "Can I waive my lunch break in Nevada?" The answer depends on specific work conditions and employer agreements. Waiving a meal break may be possible under certain circumstances, but it’s generally recommended that employees take their legally required breaks to avoid workplace disputes.

New Hampshire

Under New Hampshire lunch break laws, employers must provide a 30-minute unpaid meal break for employees who work more than five consecutive hours. This break must allow workers to be completely relieved of duties unless they are permitted to eat while working and choose to do so.

New Hampshire labor laws do not mandate paid rest breaks, but if an employer offers short breaks (typically under 20 minutes), they must be counted as paid work time. Some exemptions apply, including workplaces where continuous operations make scheduled breaks impractical or where a collective bargaining agreement establishes different meal period rules.

Employers who fail to comply with New Hampshire break laws may be subject to wage disputes and labor violations.

New York

Under New York lunch break laws, employers must provide meal periods based on an employee’s shift length and work schedule. The state’s meal break regulations apply to most industries and are stricter than federal labor laws.

Meal Break Requirements:

  • Employees working a shift of more than six hours that extends over the noon meal period (11:00 AM - 2:00 PM) must receive at least a 30-minute unpaid meal break.

  • Employees working a shift that starts before 11:00 AM and continues past 7:00 PM must be given an additional 20-minute meal break between 5:00 PM and 7:00 PM.

  • Employees working a shift of more than six hours that begins between 1:00 PM and 6:00 AM must receive a 45-minute meal break in factories or a 30-minute break in other workplaces.

New York lunch break laws apply to most workers, but there are some exemptions. If an employee is the only person on duty or works in an industry where scheduling a break is impractical, the employer may be granted a waiver from the New York State Department of Labor.

Rest Breaks and Additional Protections:

Unlike some states, New York break laws do not require paid rest breaks. However, if an employer provides short breaks (typically under 20 minutes), they must be counted as paid time under New York labor laws. Certain industries, such as the hospitality and construction sectors, may have additional break requirements under union contracts or local regulations.

Failure to comply with New York labor laws for meal breaks can result in penalties, wage violations, and potential legal claims. Employers should keep accurate time records to ensure compliance and avoid disputes over missed breaks.

North Dakota

Under North Dakota lunch break laws, employees working more than five consecutive hours are entitled to a 30-minute unpaid meal break, but only if two or more employees are on duty. If the employee is required to stay on duty during their break, the time must be counted as paid work time.

Unlike some states, North Dakota labor laws do not mandate paid rest breaks. However, if an employer offers short breaks (typically under 20 minutes), they must be counted as paid time under wage and hour regulations.

Certain employees, including those covered by collective bargaining agreements, may have different break policies depending on their industry. Employers who fail to comply with North Dakota break laws could face penalties, including back pay for missed breaks.

Oregon

Under Oregon lunch laws, employers must provide a 30-minute unpaid meal break for employees who work at least six hours in a shift. This break must be scheduled between the second and fifth hour of work. If an employee works more than 14 hours, they must receive a second meal break.

Oregon also enforces strict rest break requirements. Employees must receive a 10-minute paid break for every four hours worked, ideally placed near the middle of the shift. Unlike meal breaks, rest breaks cannot be waived and must be counted as paid time.

Certain employees may have different break requirements under collective bargaining agreements. Additionally, if the nature of the job prevents an employee from being completely relieved of duties during a meal break, the break must be paid.

Puerto Rico

Under Puerto Rico labor laws, employees who work more than five consecutive hours must be given a one-hour unpaid meal break. This break must occur after the second but before the sixth hour of work. Employees may voluntarily agree to a shortened meal break of no less than 30 minutes, but only if a written agreement is signed.

For shifts exceeding 10 hours, a second meal break is required, unless the total workday does not exceed 12 hours and the first meal break was not waived. If an employer requires an employee to work through their meal period, they must compensate the worker at time and a half pay for that hour.

Certain employees, including executives, administrators, professionals, and some transportation workers, may be exempt from Puerto Rico lunch break laws. Additionally, collective bargaining agreements may establish different meal break arrangements.

Employers who fail to comply with Puerto Rico break laws can face significant penalties, including back pay and fines.

Rhode Island

Under Rhode Island lunch break laws, employees working six or more consecutive hours must receive a 20-minute unpaid meal break. If an employee works eight or more hours, they must be provided with a 30-minute meal break.

Certain exemptions apply, including healthcare facilities and businesses with fewer than three employees on duty during a shift. Additionally, collective bargaining agreements may establish different meal and rest break requirements.

Rhode Island does not mandate paid rest breaks, but if an employer provides short breaks (typically under 20 minutes), they must be counted as paid time under state labor laws. Employers who fail to comply with Rhode Island labor laws on breaks may be subject to penalties and wage violations.

Tennessee

Under Tennessee lunch break laws, employees scheduled to work six or more consecutive hours must receive a 30-minute unpaid meal break. This break cannot be scheduled during the first hour of the shift and must allow the employee to be completely relieved of duties.

Certain exceptions apply. Employers in industries where the nature of work provides ample opportunities to take a break (such as food service) may be exempt from this requirement. Additionally, employees who serve food or beverages and receive tips can voluntarily waive their meal break with a written request.

Tennessee labor laws do not mandate paid rest breaks, but if an employer provides short breaks (typically under 20 minutes), they must be counted as paid time. Employers who violate Tennessee lunch break laws may face penalties, particularly if they deny required breaks or fail to properly compensate employees.

Vermont

Unlike many states, Vermont lunch break laws do not set a specific time requirement for meal periods. Instead, employers are required to provide employees with “reasonable opportunities” to eat meals and use restroom facilities to protect their health and hygiene.

While Vermont does not mandate a fixed-length meal break, employers are expected to allow employees sufficient time for meals in accordance with workplace conditions. If an employer provides short breaks (typically under 20 minutes), these must be counted as paid time under Vermont labor laws.

Some industries may have different break policies due to collective bargaining agreements or specific employment contracts. Employers who fail to provide reasonable break opportunities may face labor violations and penalties.

Washington

Under Washington state break laws, employees working more than five consecutive hours must receive a 30-minute unpaid meal break. This break must be taken between the second and fifth hour of work and must be duty-free. If an employee is required to remain on duty or perform any work-related tasks during their meal period, the break must be paid. Employees working more than 11 hours in a shift must be provided with a second 30-minute meal break.

In addition to meal periods, Washington labor laws require rest breaks. Employees must receive a 10-minute paid rest break for every four hours worked, scheduled as close to the midpoint of the shift as possible. Unlike meal breaks, rest breaks cannot be waived. If an employer fails to provide required breaks, the employee may be entitled to compensation for missed time.

Certain exemptions apply. Some workers, such as those covered by collective bargaining agreements, may have different break requirements. Additionally, jobs that require continuous operations, such as healthcare or emergency services, may have alternative break arrangements.

Employers who violate Washington meal and rest break laws may face wage claims and penalties.

West Virginia

Under West Virginia lunch break laws, employees who work six or more consecutive hours must receive a 20-minute unpaid meal break. This break should be scheduled at a reasonable time near the middle of the shift.

Unlike some states, West Virginia labor laws do not mandate paid rest breaks. However, if an employer provides short breaks (typically under 20 minutes), they must be counted as paid time. Certain employees, such as those covered by collective bargaining agreements, may have different break policies depending on their industry.

Employers who fail to comply with West Virginia break laws may be subject to penalties and wage violations.

The U.S. Department of Labor Wage and Hour Division provides additional information for states not listed. For official details, consult your state labor office.

The following 35 jurisdictions have separate meal break rules for minors: Alabama, Alaska, California, Colorado, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Utah, Virginia, Washington, West Virginia, Wisconsin, Guam, and Puerto Rico.

Exemptions: Executive, administrative, professional employees, and outside salespersons are often exempt. Some states (California, Colorado, Kentucky, Minnesota, Nevada, Oregon, and Washington) also require rest breaks.

California Exceptions: Meal break rules do not apply to construction workers, commercial drivers, private security officers, or utility employees covered by valid collective bargaining agreements that specify wages, hours, conditions, arbitration, and premium overtime pay.

Additional State Provisions:

  • Pennsylvania: Seasonal farm workers get a 30-minute meal break after 5 hours.
  • Wisconsin: Migrant workers get a 30-minute break after 6 hours.
  • Washington: Agricultural workers get a 30-minute break after 5 hours, plus an extra 30 minutes if working 11+ hours.
  • New Mexico: No mandatory meal break, but if granted in certain industries, it must be 30 minutes and unpaid.
  • Wisconsin: A recommended (not required) 30-minute meal break applies in factories, mechanical, mercantile, and service industries after 6 hours.

Disclaimer: This information is for reference only and is not legal or tax advice. Timewave assumes no liability. Consult a qualified professional for guidance.