Meal and Rest Break Laws in Employment: 50-State Survey
Many employers provide their employees with meal and rest breaks. However, they may not be legally obligated to do so. Federal law prescribes certain requirements for meal and rest breaks but does not mandate that employers provide these breaks in the first place. Many (but not all) states impose their own obligations.
Federal law does not require employers to provide meal breaks. If bona fide meal breaks are provided, they need not be paid. A bona fide meal break is a break during which an employee is completely relieved from duty to eat a meal. Usually, a meal break must be at least 30 minutes long to be considered bona fide, but a shorter break may be bona fide under special conditions. If the employee is not relieved of all duties, such as when the employee is required to eat at their desk, their meal break is not bona fide, and they must be compensated. Employers are not required to give their employees permission to leave the work premises during a bona fide break. Federal law also does not require employers to provide employees with rest breaks. However, it does mandate that rest breaks of between five and 20 minutes be paid if provided.
Some states go further than the federal law and require employers to provide meal or rest breaks, or both. State laws usually prescribe the length of time that a meal or rest break must last, and a few even dictate the time of day or the time period within the employee’s shift when such breaks should be provided. Even states that do not have their own rest or meal break laws for adult employees may mandate breaks for employees who are 18 or younger. Some states only provide meal or rest break laws for certain kinds of employees, such as those in the retail industry.
The Fair Labor Standards Act (FLSA) requires employers to provide employees with reasonable unpaid break time to express breast milk for a nursing child for the first year of the child’s life. They must provide a place other than a bathroom for an employee to express breast milk in private. Employers with fewer than 50 employees are not bound by this requirement if it would be an undue hardship. This section of the FLSA does not cover employees who are exempt from the maximum hour requirements of the FLSA, such as employees in executive, administrative, or professional roles.
States may have similar laws for both public and private employees who need to express breast milk. State laws mandating that employees be given time to express breast milk may exempt smaller businesses if the requirement would impose an undue hardship. States may also have laws protecting employees who choose to use breaks already provided to express breast milk.
The U.S. Department of Labor’s (DOL) Wage and Hour Division enforces federal meal and rest break laws. Most states maintain their own departments of labor to enforce state meal and rest break laws. When a state meal or rest break law conflicts with a federal law, the law most favorable to the employee will usually apply. In addition to filing a complaint with the DOL or a state department, employees may be able to pursue a private cause of action if their employer violates these laws.
Click on a state below to learn more about meal and rest break laws there, including laws for minors and laws related to expressing breast milk. Each entry also identifies the state agency responsible for enforcement.
Note: This survey strives to provide a general overview of state meal and rest break laws. However, state laws may differ for specific types of employees, such as public employees or those who work in the agricultural or entertainment industries. You should consult an employment lawyer if you are unsure about which labor laws apply in your situation.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- Washington, D.C.
- West Virginia
- Wisconsin
- Wyoming
Alabama
- Meal breaks: No state law
- Rest breaks: No state law
- Breaks for minors: Alabama Code Section 25-8-38
- Breaks for expressing breast milk: No state law
- Enforcement agency: Alabama Department of Labor
There are no Alabama meal or rest break laws, other than a law that requires that 14- and 15-year-old employees be given a 30-minute meal or rest break for every five continuous hours of work. However, employers must follow federal laws on meal and rest breaks, which are discussed at the top of the page.
Alaska
- Meal breaks: No state law
- Rest breaks: No state law
- Breaks for minors: Alaska Statutes Section 23.10.350
- Breaks for expressing breast milk: No state law
- Enforcement agency: Alaska Department of Labor and Workforce Development
There are no state meal or rest break laws in Alaska, other than a law for minors. Employees under 18 years old must be given a 30-minute break during every shift of six or more consecutive hours. This break must occur sometime between the first hour and a half of work and the last hour of work. A minor must receive a break of at least 30 minutes after five consecutive hours of work. These rules may be modified by a collective bargaining agreement or a mutual agreement between the employer and the employee. Employers must also follow federal laws on meal and rest breaks, which are discussed at the top of the page.
Arizona
- Meal breaks: No state law
- Rest breaks: No state law
- Breaks for minors: No state law
- Breaks for expressing breast milk: No state law
- Enforcement agency: Industrial Commission of Arizona
There are no state meal or rest break laws in Arizona. However, employers must follow federal laws on meal and rest breaks, which are discussed at the top of the page.
Arkansas
- Meal breaks: No state law
- Rest breaks: No state law
- Breaks for minors: Arkansas Administrative Rules 010.14.18-001
- Breaks for expressing breast milk: Arkansas Code Section 11-5-116
- Enforcement agency: Arkansas Department of Labor and Licensing
There are limited state meal or rest break laws in Arkansas. Arkansas law requires employers to provide reasonable unpaid break periods for an employee to express breast milk. Periods that an employee spends expressing breast milk should run concurrently with any paid or unpaid break time already provided. Arkansas also mandates that minors under 16 in the entertainment industry be given at least a 30-minute meal break after six hours of work. Employers must also follow federal laws on meal and rest breaks, which are discussed at the top of the page.
California
- Meal breaks: California Labor Code Section 512; California IWC Wage Orders
- Rest breaks: California IWC Wage Orders
- Breaks for minors: No state law
- Breaks for expressing breast milk: § 1030
- Enforcement agency: California Labor Commissioner’s Office
California law requires both meal and rest breaks. Under California law, employees must receive a 30-minute meal break for every five hours worked (six hours for employees in the motion picture industry). An employee can agree to waive this required meal break if their workday is six hours or less. If an employee works 10 hours, but their workday will not exceed 12 hours, their employer and they may mutually waive their second meal break so long as they take their first. Employers may require employees to remain on duty during their meal period if the nature of their job so requires, but this time must be paid, and the employee must agree in writing. California law provides exceptions for some commercial drivers and employees covered by certain collective bargaining agreements.
As for rest breaks, California law requires that employees generally receive a paid 10-minute rest break for every four hours (or major fraction thereof) worked, which must be provided in the middle of the work period, if possible. California employers must provide a reasonable amount of unpaid break time for employees to express breast milk, which should run concurrently with any paid or unpaid rest time already provided. Employers must also follow federal laws on meal and rest breaks, which are discussed at the top of the page.
Colorado
- Meal breaks: 7 Code of Colorado Regulations 1103-1-5
- Rest breaks: 7 CCR 1103-1-5
- Breaks for minors: No state law
- Breaks for expressing breast milk: Colorado Revised Statutes Section 8-13.5-104
- Enforcement agency: Colorado Department of Labor and Employment
Colorado law provides both meal and rest breaks for employees. Employers are generally required to provide employees with a 30-minute meal break for every five consecutive hours of work, which should be provided between the first hour and the last hour of the shift. If the nature of the job requires that the employee remain on duty during their meal period, they must be paid. Colorado law also requires that employees generally receive a 10-minute paid rest break for every four hours (or major fraction thereof) worked, which should be provided in the middle of the work period, if possible. Employers must also provide employees with reasonable unpaid break time or permit employees to use paid break time or meal time to express breast milk for up to two years after a child’s birth. Employers must follow federal laws on meal and rest breaks as well, which are discussed at the top of the page.
Connecticut
- Meal breaks: Connecticut General Statutes Section 31-51ii
- Rest breaks: No state law
- Breaks for minors: No state law
- Breaks for expressing breast milk: No state law
- Enforcement agency: Connecticut Department of Labor
Employers are required to provide either a meal break or rest breaks under Connecticut law. Employees are entitled to a 30-minute meal break for seven and a half consecutive hours of work. The break must be provided between the first two hours and the last two hours of work, but the break does not need to be paid. If an employer offers paid rest breaks totaling 30 minutes for every seven and a half hours of work, they do not need to provide a meal break. Some employers may be exempt from these requirements, such as when the continuous nature of the job requires that employees be available to respond to urgent matters during breaks, and they are compensated for that time. Employers must also follow federal laws on meal and rest breaks, which are discussed at the top of the page.
Delaware
- Meal breaks: 19 Delaware Code Section 707
- Rest breaks: No state law
- Breaks for minors: § 507
- Breaks for expressing breast milk: § 710; § 711
- Enforcement agency: Delaware Department of Labor
Under Delaware law on meal and rest breaks, employers are required to provide employees with a 30-minute unpaid meal break for every seven and a half consecutive hours worked. The break must be given sometime between the first two hours and the last two hours of work. These requirements do not apply in certain instances, such as when there is a collective bargaining agreement in place. There may be other exceptions, such as when the continuous nature of the job requires the employee to respond to urgent matters during breaks, and they are compensated for that time.
Delaware rest break laws are limited. Delaware mandates that minors be provided with a 30-minute rest break for every five continuous hours worked. Employers also cannot deny employees reasonable break time to express breast milk. Employers must follow federal laws on meal and rest breaks as well, which are discussed at the top of the page.
Florida
- Meal breaks: No state law
- Rest breaks: No state law
- Breaks for minors: Florida Statutes Section 450.081
- Breaks for expressing breast milk: No state law
- Enforcement agency: Florida Department of Business & Professional Regulation, Child Labor Program
There are no state meal or rest break laws in Florida, except a law providing that minors be given a 30-minute meal break for every four continuous hours of work. However, employers must follow federal laws on meal and rest breaks, which are discussed at the top of the page.
Georgia
- Meal breaks: No state law
- Rest breaks: No state law
- Breaks for minors: No state law
- Breaks for expressing breast milk: Georgia Code Section 34-1-6
- Enforcement agency: Georgia Department of Labor
There are no state meal or rest break laws in Georgia, except a law mandating that employers provide reasonable break time for employees to express breast milk. However, employers must follow federal laws on meal and rest breaks, which are discussed at the top of the page.
Hawaii
- Meal breaks: No state law
- Rest breaks: No state law
- Breaks for minors: Hawaii Revised Statutes Section 390-2
- Breaks for expressing breast milk: § 378-92
- Enforcement agency: Hawaii Department of Labor and Industrial Relations
State meal and rest break laws in Hawaii are limited. Hawaii requires that 14- and 15-year-old employees be provided with a 30-minute break after working five continuous hours. The state also requires that employees be given reasonable break time to express breast milk for one year after a child’s birth. Employers must follow federal laws on meal and rest breaks, which are discussed at the top of the page.
Idaho
- Meal breaks: No state law
- Rest breaks: No state law
- Breaks for minors: No state law
- Breaks for expressing breast milk: No state law
- Enforcement agency: Idaho Department of Labor
There are no state meal or rest break laws in Idaho. However, employers must follow federal laws on meal and rest breaks, which are discussed at the top of the page.
Illinois
- Meal breaks: 820 Illinois Compiled Statutes Section 140/3; § 140/3.1
- Rest breaks: § 140/3; § 140/3.1
- Breaks for minors: § 205/4
- Breaks for expressing breast milk: § 260
- Enforcement agency: Illinois Department of Labor
Illinois law requires that employers offer 20-minute meal breaks to employees who work seven and a half continuous hours. The meal break must be provided no later than five hours after the start of the shift. This requirement does not apply in certain instances, such as when meal periods have been established through a collective bargaining agreement. Employers do not need to pay employees for meal breaks under Illinois law, unless the employee is required to work through their break. Employees under 16 years of age must be provided with a 30-minute meal break for every five hours of continuous work.
Hotel room attendants must be given a 30-minute meal break and two 15-minute rest breaks for every seven hours of work if their employer is located in a county with a population greater than 3 million. Employers with more than five employees must provide reasonable break time for employees to express breast milk for one year after a child’s birth, which may run concurrently with any other break time already provided and may not reduce an employee’s compensation. Employers must also follow federal laws on meal and rest breaks, which are discussed at the top of the page.
Indiana
- Meal breaks: No state law
- Rest breaks: No state law
- Breaks for minors: No state law
- Breaks for expressing breast milk: Indiana Code Section 5-10-6-2
- Enforcement agency: Indiana Department of Labor
There are no Indiana meal or rest break laws for private employers. State and local governments must provide employees with reasonable paid break time to express breast milk. Breaks for government employees to express breast milk should run concurrently with any other break time already provided. All employers must follow federal laws on meal and rest breaks, which are discussed at the top of the page.
Iowa
- Meal breaks: No state law
- Rest breaks: No state law
- Breaks for minors: Iowa Code Section 92.7
- Breaks for expressing breast milk: No state law
- Enforcement agency: Iowa Division of Labor
Iowa has no state meal or rest break laws, except for a law requiring that employees under 16 years old be provided with a 30-minute break for five hours of work. However, employers must follow federal laws on meal and rest breaks, which are discussed at the top of the page.
Kansas
- Meal breaks: No state law
- Rest breaks: No state law
- Breaks for minors: No state law
- Breaks for expressing breast milk: No state law
- Enforcement agency: Kansas Department of Labor
There are no Kansas meal or rest break laws. However, employers must follow federal laws on meal and rest breaks, which are discussed at the top of the page.
Kentucky
- Meal breaks: Kentucky Revised Statutes Section 337.355
- Rest breaks: § 337.365
- Breaks for minors: § 339.270
- Breaks for expressing breast milk: § 344.040
- Enforcement agency: Commonwealth of Kentucky Labor Cabinet
Kentucky law requires employers to provide both meal and rest breaks. Employees must be provided with a “reasonable” amount of time to eat a meal off duty. The meal break must be given close to the middle of the shift and must fall sometime between the third hour and the fifth hour of work. These requirements do not negate related provisions of collective bargaining agreements or employer-employee agreements.
Kentucky also mandates that employees be given a paid 10-minute break for every four hours worked in addition to the regularly scheduled lunch period. These requirements do not apply to employers subject to the Federal Railway Labor Act. Kentucky law requires that employees under 18 years of age be given a 30-minute meal break for every five continuous hours worked and a paid 10-minute rest break for every four hours worked. Employers must also make reasonable accommodations for employees who need to express breast milk. Employers are bound by federal laws on meal and rest breaks as well, which are discussed at the top of the page.
Louisiana
- Meal breaks: No state law
- Rest breaks: No state law
- Breaks for minors: Louisiana Revised Statutes Section 23:213
- Breaks for expressing breast milk: § 23:341.1; § 23:342
- Enforcement agency: Louisiana Workforce Commission
Louisiana law has limited meal and rest break requirements. Minors must be given a 30-minute meal break for every five hours worked. Employers must also make reasonable accommodations for employees to express breast milk, including more frequent or longer break periods. Louisiana employers must follow federal laws on meal and rest breaks, which are discussed at the top of the page.
Maine
- Meal breaks: See rest break law
- Rest breaks: 26 Maine Revised Statutes Section 601
- Breaks for minors: No state law
- Breaks for expressing breast milk: § 604
- Enforcement agency: Maine Department of Labor
Employers are required to provide employees with a 30-minute break for six consecutive hours of work under Maine law. An exception applies in cases of emergency when there is a danger to property, life, public safety, or public health. The break may be used as an unpaid meal break if the employee is relieved of all duties during that time. Small businesses with fewer than three employees on duty at a time do not need to provide 30-minute breaks if the nature of the work otherwise allows employees to take frequent, shorter paid breaks. These requirements do not apply when meal and rest breaks are covered by a collective bargaining agreement or other written employer-employee agreement. Employers in Maine must provide employees with adequate unpaid break time or permit employees to use paid break or meal time to express breast milk for up to three years after childbirth. Employers must also follow federal laws on meal and rest breaks, which are discussed at the top of the page.
Maryland
- Meal breaks: No state law
- Rest breaks: Maryland Labor and Employment Code Section 3-710
- Breaks for minors: § 3-210
- Breaks for expressing breast milk: No state law
- Enforcement agency: Maryland Department of Labor, Division of Labor and Industry
There are few Maryland meal or rest break laws. Maryland law requires employers to provide employees under 18 with a 30-minute break for every five consecutive hours worked. Maryland law also requires that retail employers with 50 or more retail employees for each working day of the last 20 calendar weeks provide employees with a 15-minute break if they work four to six consecutive hours, or a 30-minute break if they work more than six consecutive hours. If a retail employee works eight consecutive hours, they are entitled to a 30-minute break and an additional 15-minute break for every additional four consecutive hours worked. The employee and employer can waive the 15-minute break requirement in writing if the employee’s hours do not exceed six consecutive hours worked. Employers must also follow federal laws on meal and rest breaks, which are discussed at the top of the page.
Massachusetts
- Meal breaks: Massachusetts General Laws Chapter 149, Section 100; § 101
- Rest breaks: § 190
- Breaks for minors: No state law
- Breaks for expressing breast milk: Ch. 151b, § 4
- Enforcement agency: Massachusetts Attorney General’s Fair Labor Division
Under Massachusetts law, employees must be given a 30-minute unpaid meal break if they work more than six hours in a day. Some businesses are exempt from this requirement, including businesses granted an exemption because they require continuous operation. Domestic workers must be compensated for meal and rest times unless they are completely relieved of all duties and are free to leave the premises. Massachusetts law also provides that employers cannot deny employees reasonable accommodations for their need to express breast milk, including more frequent or longer paid or unpaid breaks. Employers must follow federal laws on meal and rest breaks as well, which are discussed at the top of the page.
Michigan
- Meal breaks: No state law
- Rest breaks: No state law
- Breaks for minors: Michigan Compiled Laws Section 409.112
- Breaks for expressing breast milk: No state law
- Enforcement agency: Michigan Department of Labor and Economic Opportunity
Michigan law does not require employers to provide meal or rest breaks except to minors, who are entitled to a 30-minute meal or rest break for five continuous hours worked. However, employers must follow federal laws on meal and rest breaks, which are discussed at the top of the page.
Minnesota
- Meal breaks: Minnesota Statutes Section 177.254; Minnesota Administrative Rules 5200.0120
- Rest breaks: MN Stat § 177.253
- Breaks for minors: No state law
- Breaks for expressing breast milk: § 181.939
- Enforcement agency: Minnesota Department of Labor and Industry
Minnesota law requires employers to provide employees who work at least eight consecutive hours with “sufficient” time to eat a meal. Employees are also entitled to an “adequate” rest period to use the restroom for every four consecutive hours worked. These rules do not override collective bargaining agreements. Minnesota employers must provide reasonable break periods for employees to express breast milk in the 12 months following childbirth. These break periods should run concurrently with any other break times already provided and should not reduce the employee’s compensation. Employers must follow federal laws on meal and rest breaks as well, which are discussed at the top of the page.
Mississippi
- Meal breaks: No state law
- Rest breaks: No state law
- Breaks for minors: No state law
- Breaks for expressing breast milk: No state law
- Enforcement agency: None
There are no Mississippi meal or rest break laws. However, employers must follow federal laws on meal and rest breaks, which are discussed at the top of the page.
Missouri
- Meal breaks: No state law
- Rest breaks: No state law
- Breaks for minors: No state law
- Breaks for expressing breast milk: No state law
- Enforcement agency: Missouri Department of Labor & Industrial Relations
There are no Missouri meal or rest break laws. However, employers must follow federal laws on meal and rest breaks, which are discussed at the top of the page.
Montana
- Meal breaks: Administrative Rules of Montana 24.16.1006
- Rest breaks: Rule 24.16.1006
- Breaks for minors: No state law
- Breaks for expressing breast milk: No state law
- Enforcement agency: Montana Department of Labor & Industry
Montana law does not require employers to provide rest or meal breaks, but the state provides that rest periods between five and 20 minutes should be compensated. However, bona fide meal periods during which an employee is completely relieved from all duties need not be paid. A meal period will usually be considered bona fide if it lasts at least 30 minutes, but shorter periods may be enough under special conditions. An employer does not need to permit an employee to leave the premises to have relieved them of all duties. These requirements are similar to those provided by federal law, which are discussed at the top of the page.
Nebraska
- Meal breaks: Nebraska Revised Statutes Section 48-212
- Rest breaks: No state law
- Breaks for minors: No state law
- Breaks for expressing breast milk: § 48-1102; § 48-1107.02
- Enforcement agency: Nebraska Department of Labor
In Nebraska, employers are required to give employees working in assembly plants, workshops, or mechanical establishments a 30-minute meal break for each eight-hour shift. These employees must be able to leave the premises during their break. Collective bargaining agreements or other written employer-employee agreements may alter these requirements. Employers in Nebraska must make reasonable accommodations for employees to express breast milk, including break time. Employers must also follow federal laws on meal and rest breaks, which are discussed at the top of the page.
Nevada
- Meal breaks: Nevada Revised Statutes Section 608.019
- Rest breaks: § 608.019
- Breaks for minors: No state law
- Breaks for expressing breast milk: § 608.0193
- Enforcement agency: Nevada Office of the Labor Commissioner
Nevada law requires employers to provide both meal and rest breaks. Nevada employers with two or more employees must provide their employees with a 30-minute meal break for eight hours of continuous work. Employees must also be given a paid 10-minute rest break for every four hours (or major fraction thereof) worked. These rest breaks should be given close to the middle of the work period, if possible. Employers may be exempt from these requirements if they prove that a business necessity prevents them from giving meal or rest breaks. Employers may also be exempt if employees are covered by a collective bargaining agreement.
Employees in Nevada are generally entitled to reasonable break time to express breast milk within one year of a child’s birth. This break time should be paid if it is so required under a collective bargaining agreement. Employers must also follow federal laws on meal and rest breaks, which are discussed at the top of the page.
New Hampshire
- Meal breaks: New Hampshire Revised Statutes Section 275:30-a
- Rest breaks: No state law
- Breaks for minors: No state law
- Breaks for expressing breast milk: No state law
- Enforcement agency: New Hampshire Department of Labor
New Hampshire law requires that employers give their employees a 30-minute meal break for five consecutive hours of work, unless it is feasible for the employee to eat while working, and the employer permits them to work. If the employee is not required to work during their meal break, they need not be paid. However, employers must pay employees for their meal “break” if they work during their break. Employers must follow federal laws on meal and rest breaks as well, which are discussed at the top of the page.
New Jersey
- Meal breaks: No state law
- Rest breaks: No state law
- Breaks for minors: New Jersey Revised Statutes Section 34:2-21.4
- Breaks for expressing breast milk: § 10:5-12
- Enforcement agency: New Jersey Department of Labor & Workforce Development
New Jersey law does not require employers to provide meal or rest breaks except to minors, who are entitled to a 30-minute lunch period after five continuous hours of work. New Jersey employers cannot deny certain employees reasonable accommodations, including reasonable break time to express breast milk. Employers must follow federal laws on meal and rest breaks, which are discussed at the top of the page.
New Mexico
- Meal breaks: No state law
- Rest breaks: No state law
- Breaks for minors: No state law
- Breaks for expressing breast milk: New Mexico Statutes Section 28-20-2
- Enforcement agency: New Mexico Department of Workforce Solutions
There are no New Mexico rest or meal break laws except a law requiring employers to provide flexible break times for employees to use a breast pump. However, employers must follow federal laws on meal and rest breaks, which are discussed at the top of the page.
New York
- Meal breaks: New York Labor Law Section 162
- Rest breaks: No state law
- Breaks for minors: No state law
- Breaks for expressing breast milk: § 206-C
- Enforcement agency: New York Department of Labor
New York law requires employers to provide employees with a meal break. Employees in New York who work a shift of more than six hours must generally be given a 30-minute break between 11:00 a.m. and 2:00 p.m. Factory employees must be given a one-hour break in the same time period. Employees whose shift starts before 11:00 a.m. and ends after 7:00 p.m. are entitled to another 20-minute break between 5:00 p.m. and 7:00 p.m. If an employee works more than six hours during a shift that starts between 1:00 p.m. and 6:00 a.m., they must be given a meal break in the middle of their shift. Factory employees are entitled to a one-hour break, while mercantile and other employees are entitled to a 45-minute break. Meal periods may be made shorter with written permission from the commissioner. Employers must also provide reasonable unpaid break time or permit an employee to use paid break or meal time to express breast milk for up to three years after childbirth. Employers must follow federal laws on meal and rest breaks as well, which are discussed at the top of the page.
North Carolina
- Meal breaks: No state law
- Rest breaks: No state law
- Breaks for minors: North Carolina General Statutes Section 95-25.5
- Breaks for expressing breast milk: No state law
- Enforcement agency: North Carolina Department of Labor
There are no North Carolina meal or rest break laws, other than a law that requires that employees younger than 16 be given a 30-minute rest break after five consecutive hours of work. Minors employed as models, actors, or performers in certain productions or those employed by an outdoor drama directly in production-related positions are exempt. Employers must follow federal laws on meal and rest breaks, which are discussed at the top of the page.
North Dakota
- Meal breaks: North Dakota Administrative Code Section 46-02-07-02
- Rest breaks: No state law
- Breaks for minors: No state law
- Breaks for expressing breast milk: No state law
- Enforcement agency: North Dakota Department of Labor and Human Rights
Employees in North Dakota are entitled to a 30-minute meal break if their shift lasts more than five hours, and there are two or more employees on duty. Employees need not be paid for this meal period if they are relieved of all duties, and the period is ordinarily 30 minutes long. An employee may waive their right to this meal break in a written agreement with their employer. Collective bargaining agreements may also alter this rule. Employers must also follow federal laws on meal and rest breaks, which are discussed at the top of the page.
Ohio
- Meal breaks: No state law
- Rest breaks: No state law
- Breaks for minors: Ohio Revised Code Section 4109.07
- Breaks for expressing breast milk: No state law
- Enforcement agency: Ohio Department of Commerce
Ohio law does not generally require employers to provide rest or meal breaks except to minors, who are entitled to a 30-minute unpaid rest break for five consecutive hours of work. However, employers must follow federal laws on meal and rest breaks, which are discussed at the top of the page.
Oklahoma
- Meal breaks: No state law
- Rest breaks: No state law
- Breaks for minors: Oklahoma Statutes Section 40-75
- Breaks for expressing breast milk: § 40-435
- Enforcement agency: Oklahoma Department of Labor
Oklahoma rest and meal break laws are limited. Oklahoma law mandates that employees under 16 years old be given a 30-minute rest break for five consecutive hours of work and a one-hour cumulative rest break for eight consecutive hours of work. Employers should also give employees reasonable unpaid break time to express breast milk. This break time should run concurrently with any other paid or unpaid break time provided. State agencies must give employees paid break time to express breast milk. Employers must follow federal laws on meal and rest breaks as well, which are discussed at the top of the page.
Oregon
- Meal breaks: Oregon Administrative Rules 839-020-0050
- Rest breaks: Rule 839-020-0050
- Breaks for minors: Rule 839-021-0072
- Breaks for expressing breast milk: Oregon Revised Statutes Section 653.077
- Enforcement agency: Oregon Bureau of Labor & Industries
Oregon law requires employers to provide both meal and rest breaks. Employees in Oregon are entitled to a 30-minute meal break for six hours of work. Employees need not be paid during the meal break so long as they are relieved of all duties. Employers may provide a shorter break if it is a custom or standard in the industry, or if it would be an undue hardship to relieve employees of their duties during the break, but a shorter break or a break without relief from duty must be paid. The meal break must occur between the second and fifth hour if the employee works seven or fewer hours, and between the third and sixth hour if the employee works more than seven hours.
Employees are also entitled to a paid 10-minute rest break for every four hours (or major part thereof) worked, which should be given as close to the middle of the shift as possible. The break period may not be combined with the meal period or given at the beginning or end of the shift to reduce the total hours worked. Employers need not provide a rest period for adult employees who work for less than five hours in a period of 16 continuous hours alone in a retail or service establishment, but they still must be able to use the restroom. Collective bargaining agreements may modify these requirements.
Minors in Oregon are entitled to 15-minute rest breaks and 30-minute meal breaks in the same manner as prescribed by the law concerning adults (with no exceptions for meal periods). Oregon employers must provide reasonable unpaid rest breaks for employees to express breast milk, which should be taken concurrently with other rest or meal periods provided, if possible. Breaks used for expressing breast milk should be paid if required by law or contract. Employers must follow federal laws on meal and rest breaks as well, which are discussed at the top of the page.
Pennsylvania
- Meal breaks: No state law
- Rest breaks: 43 Pennsylvania Statutes Section 1301.207
- Breaks for minors: § 40.3
- Breaks for expressing breast milk: No state law
- Enforcement agency: Pennsylvania Department of Labor & Industry
Pennsylvania law does not mandate meal or rest breaks except for minors, who must be given a 30-minute meal break for five hours of continuous work. Seasonal farmworkers also must be given an unpaid 30-minute break after five hours of work. Employers must follow federal laws on meal and rest breaks, which are discussed at the top of the page.
Rhode Island
- Meal breaks: Rhode Island General Laws Section 28-3-14
- Rest breaks: No state law
- Breaks for minors: No state law
- Breaks for expressing breast milk: § 23-13.2-1
- Enforcement agency: Rhode Island Department of Labor and Training
Under Rhode Island law, employers with at least five employees must give their employees a 20-minute meal break during a six-hour shift or a 30-minute meal break during an eight-hour shift. Employers do not need to compensate employees for their meal breaks. A meal break need not be provided if fewer than three employees are working on a shift, or if the employer is a licensed healthcare facility. Rhode Island employers must also provide reasonable unpaid break time for employees to express breast milk, which should run concurrently with any other break already provided. Employers must follow federal laws on meal and rest breaks, which are discussed at the top of the page.
South Carolina
- Meal breaks: No state law
- Rest breaks: No state law
- Breaks for minors: No state law
- Breaks for expressing breast milk: South Carolina Code of Laws Section 41-1-130
- Enforcement agency: South Carolina Department of Labor, Licensing and Regulation
South Carolina does not require employers to provide either meal or rest breaks, except for a law mandating that employees be given reasonable unpaid break time or be permitted to use paid break time or meal time to express breast milk. Such breaks should run concurrently with other breaks already provided, if possible. Employers must follow federal laws on meal and rest breaks, which are discussed at the top of the page.
South Dakota
- Meal breaks: No state law
- Rest breaks: No state law
- Breaks for minors: No state law
- Breaks for expressing breast milk: No state law
- Enforcement agency: South Dakota Department of Labor & Regulation
There are no South Dakota meal or rest break laws. However, employers must follow federal laws on meal and rest breaks, which are discussed at the top of the page.
Tennessee
- Meal breaks: Tennessee Code Section 50-2-103
- Rest breaks: § 50-2-103
- Breaks for minors: § 50-5-115
- Breaks for expressing breast milk: § 50-1-305
- Enforcement agency: Tennessee Department of Labor & Workforce Development
Tennessee law requires employers with at least five employees to provide a 30-minute unpaid rest or meal break to employees (including minors) who are scheduled to work at least six consecutive hours. However, employers do not need to provide a break if the nature of the business provides employees with ample opportunities to take an appropriate break. These breaks cannot be scheduled during or before the first hour of work. Employees in the food service industry who receive and report tips may agree to waive their 30-minute break in writing. Employers must provide reasonable unpaid break time for employees to express breast milk, which should run concurrently with any other break time already provided, if possible. Employers must also follow federal laws on meal and rest breaks, which are discussed at the top of the page.
Texas
- Meal breaks: No state law
- Rest breaks: No state law
- Breaks for minors: No state law
- Breaks for expressing breast milk: No state law
- Enforcement agency: Texas Workforce Commission
There are no Texas rest or meal break laws. However, employers must follow federal laws on meal and rest breaks, which are discussed at the top of the page.
Utah
- Meal breaks: No state law
- Rest breaks: No state law
- Breaks for minors: Utah Administrative Code Section R610-2-3
- Breaks for expressing breast milk: No state law
- Enforcement agency: Utah Labor Commission
There are no Utah meal or rest break laws except for those concerning minors. Minors are entitled to a 30-minute meal break for five hours of work and a 10-minute rest break for four hours (or fraction thereof) worked. A minor must be paid during their meal break if they are not relieved of all duties and permitted to leave the work area. No minor may work more than three consecutive hours without a 10-minute break. Employers must also follow federal laws on meal and rest breaks, which are discussed at the top of the page.
Vermont
- Meal breaks: 21 Vermont Statutes Section 304
- Rest breaks: § 304
- Breaks for minors: No state law
- Breaks for expressing breast milk: § 305
- Enforcement agency: Vermont Department of Labor
Vermont law requires that employers give employees “reasonable opportunities” to eat and use the restroom during work. It also requires employers to provide reasonable paid or unpaid time for employees to express breast milk. Employers must follow federal laws on meal and rest breaks as well, which are discussed at the top of the page.
Virginia
- Meal breaks: No state law
- Rest breaks: No state law
- Breaks for minors: Code of Virginia Section 40.1-80.1
- Breaks for expressing breast milk: No state law
- Enforcement agency: Virginia Department of Labor and Industry
There are no Virginia rest or meal break laws except for those concerning employees age 15 or younger, who are entitled to a 30-minute meal break for five continuous hours of work. However, employers must follow federal laws on meal and rest breaks, which are discussed at the top of the page.
Washington
- Meal breaks: Washington Administrative Code 296-126-092; WAC 296-131-020
- Rest breaks: WAC 296-126-092; WAC 296-131-020
- Breaks for minors: WAC 296-125-0285; WAC 296-125-0287
- Breaks for expressing breast milk: Revised Code of Washington Section 43.10.005
- Enforcement agency: Washington State Department of Labor & Industries
Washington law requires employers to give employees a 30-minute meal break for five consecutive hours of work. The break must be given between the second and fifth hour. The break must be paid if the employee is required to remain on duty on the premises. Employees who work three or more hours longer than their regular workday are entitled to an additional 30-minute break. Agricultural employees are entitled to a 30-minute break for more than five hours of work and another 30-minute break for more than 11 hours of work. Employees in Washington are also entitled to a 10-minute paid rest period for every four hours of work, which must be scheduled as close to the middle of the period as possible. Employees cannot work more than three hours without a break. Employees under 16 must be given at least a 10-minute break for every two hours of work and an uninterrupted meal period separate from these rest periods. Employers are not required to schedule rest breaks if the nature of the work allows employees to take breaks equivalent to the requirement. Employers cannot deny employees reasonable break time to express breast milk for two years following a child’s birth. Employers must also follow federal laws on meal and rest breaks, which are discussed at the top of the page.
Washington, D.C.
- Meal breaks: No D.C. law
- Rest breaks: No D.C. law
- Breaks for minors: No D.C. law
- Breaks for expressing breast milk: District of Columbia Code Section 2-1402.82
- Enforcement agency: District of Columbia Department of Employment Services
Washington, D.C. has not enacted its own meal or rest break laws, except for a law providing that employees be given reasonable unpaid breaks to express breast milk. A break used to express breast milk should run concurrently with any paid or unpaid breaks already provided. Employers must follow federal laws on meal and rest breaks as well, which are discussed at the top of the page.
West Virginia
- Meal breaks: West Virginia Code Section 21-3-10a
- Rest breaks: No state law
- Breaks for minors: § 21-6-7
- Breaks for expressing breast milk: No state law
- Enforcement agency: West Virginia Division of Labor
Employers in West Virginia must provide a 20-minute meal break for six consecutive hours of work unless employees are permitted to take breaks as needed or to eat while working. Employees under age 16 must be given a 30-minute meal break for five continuous hours of work. Employers must also follow federal laws on meal and rest breaks, which are discussed at the top of the page.
Wisconsin
- Meal breaks: Wisconsin Administrative Code Section DWD 274.02
- Rest breaks: No state law
- Breaks for minors: § DWD 270.11
- Breaks for expressing breast milk: No state law
- Enforcement agency: Wisconsin Department of Workforce Development
There are limited meal or rest break laws in Wisconsin. Employers in Wisconsin are required to give employees under 18 a 30-minute meal break close to the middle of the shift or a regular mealtime. Minors cannot work more than six hours without a meal break. Employers are encouraged to give the same type of meal break to adult employees. Employers must pay employees during meal breaks if employees are not relieved of their duties for at least 30 minutes or are not permitted to leave the premises. Employers must also follow federal laws on meal and rest breaks, which are discussed at the top of the page.
Wyoming
- Meal breaks: No state law
- Rest breaks: No state law
- Breaks for minors: No state law
- Breaks for expressing breast milk: No state law
- Enforcement agency: Wyoming Department of Workforce Services
There are no Wyoming meal or rest break laws. However, employers must follow federal laws on meal and rest breaks, which are discussed at the top of the page.