Which states require meal periods and paid rest breaks for adult employees, with links to each state’s official source.
The Fair Labor Standards Act does not require employers to give adult employees meal or rest breaks. It does set rules for breaks you choose to give. Short breaks, usually 5 to 20 minutes, are counted as hours worked and must be paid (29 CFR 785.18). A bona fide meal period, ordinarily 30 minutes or more, can be unpaid if the employee is completely relieved of duty (29 CFR 785.19). State rules add to this baseline, and where a state rule is stricter, it applies.
The table covers private-sector adult employees. Each state has coverage limits, exemptions and rules for minors that are not shown here, so follow the source link before you write a policy. Sources retrieved Nov 8, 2026.
| State | Meal period | Rest break | Official source |
|---|---|---|---|
| California | 30 min if work exceeds 5 hours; second 30 min if over 10 hours | Paid 10 min per 4 hours or major fraction | DIR meal, DIR rest |
| Colorado | 30 min duty-free for shifts over 5 consecutive hours | Paid 10 min per 4 hours or major fraction | CDLE INFO #4 |
| Delaware | 30 consecutive min for 7.5+ consecutive hours, after the first 2 and before the last 2 hours | None | 19 Del. C. § 707 |
| Illinois | 20 min for a 7.5-hour shift, starting no later than 5 hours in; another 20 min per additional 4.5 hours | None (reasonable restroom breaks) | IDOL ODRISA |
| Kentucky | Reasonable lunch period between the 3rd and 5th hour | 10 min per 4 hours, without pay reduction | KRS 337.355, KRS 337.365 |
| Maine | 30 consecutive min after 6 hours (paid or unpaid); employee may waive | None | Maine DOL FAQ |
| Maryland | Retail employers with 50+ retail employees: 15 min for 4 to 6 hours; 30 min over 6 hours; more for longer shifts | Not addressed | MD Labor FAQ |
| Massachusetts | 30 min for work of more than 6 hours in a day | None | M.G.L. c.149 § 100 |
| Minnesota | 30 min for 6+ consecutive hours (since Jan 1, 2026) | 15 min within each 4 consecutive hours; breaks under 20 min are paid | Minnesota DLI |
| Nebraska | 30 min per 8-hour shift, only in assembly plants, workshops and mechanical establishments | None | Neb. Rev. Stat. 48-212 |
| Nevada | 30 min for 8 continuous hours | Paid 10 min per 4 hours or major fraction | NRS 608.019 |
| New Hampshire | 30 min after 5 consecutive hours, unless eating while working is feasible and allowed | None | RSA 275:30-a |
| New York | At least 30 min unpaid for shifts over 6 hours; timing and length depend on the shift and industry | None | NY DOL |
| Oregon | 30 min unpaid for work periods of 6+ hours, fully relieved | Paid 10 min per 4 hours or major part | BOLI |
| Rhode Island | 20 min in a 6-hour shift; 30 min in an 8-hour shift | None | RI DLT FAQ |
| Tennessee | 30 min unpaid if scheduled 6 consecutive hours | None | TN Labor |
| Vermont | Reasonable opportunities to eat and use toilet facilities | Same general rule | 21 V.S.A. § 304 |
| Washington | 30 min for shifts over 5 hours, starting between the 2nd and 5th hour | Paid 10 min per 4 hours; no more than 3 hours without a rest break | WA L&I |
| West Virginia | 20 min for workdays of 6+ hours | None | W. Va. Code § 21-3-10a |
States not listed generally have no adult meal or paid rest break requirement in state law, though rules for minors, specific industries and local ordinances may apply. We could not confirm Connecticut’s and North Dakota’s rules from an official source on the retrieval date, so they are not in the table; check with those states directly. The U.S. Department of Labor publishes meal and rest period tables, last revised January 1, 2023, which do not reflect later changes such as Minnesota’s.
Since January 1, 2026, Minnesota requires a meal break of at least 30 minutes for employees who work 6 or more consecutive hours, replacing the earlier rule that applied at 8 hours. Employees must also get a rest break of at least 15 minutes within each 4 consecutive hours, instead of “adequate time” to use the restroom. Breaks under 20 minutes must be paid. If you have Minnesota employees, check that schedules and policies reflect the new rules (Minnesota DLI, retrieved Nov 8, 2026).
A few states attach penalties or premium pay to missed breaks. In California, a missed meal or rest period generally costs one additional hour of pay for each workday it happens. Colorado treats missed rest periods as time owed. Oregon and Washington do not allow employees to waive rest breaks. Our California meal and rest break guide covers the most detailed state in depth.
Many states that have no adult rule still require breaks for workers under 18, often 30 minutes after 5 hours. If you employ teenagers, check the youth rules in each state where you operate. See our child labor laws guide and the state labor law guides.
In most disputes, the question is whether you can show breaks were provided. Record actual meal-out and meal-in punches rather than deducting a fixed 30 minutes automatically, and keep a record of missed or shortened breaks with the reason. The break tracking page explains a simple approach. EZTime records meal and rest break punches from the app, kiosk or NFC tag and can alert managers when a required break is missed, based on the rules you configure (labor rule alerts).
Think you have it? Choose an answer and the explanation appears below.
No. Federal law does not require meal or rest breaks for adults, but short breaks you give must be paid.
Among the states we verified: California, Colorado, Kentucky, Minnesota, Nevada, Oregon and Washington, with different details in each.
It depends on the state. Some allow waivers in limited cases, others do not. Check the state source before agreeing to it.
Under federal rules, a bona fide meal period of 30 minutes or more can be unpaid if the employee is fully relieved of duty. Some states add conditions.
Not often, but they do. Minnesota changed both rules for 2026, so review the sources at least once a year.
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