What is a minimum rest period?

A minimum rest period is the shortest break a law or policy allows, either within a shift or between two shifts. Federal law sets neither for adults; some states and cities do.

In shortA minimum rest period can mean two things: a short paid break during a shift, or the minimum time off between the end of one shift and the start of the next. For adult employees, federal law requires neither. A handful of states require paid rest breaks, usually 10 minutes for each four hours worked, and some cities with fair workweek laws require premium pay when shifts are too close together, such as Seattle’s 10-hour rule for covered retail and food service employers.

Two kinds of minimum rest

Rest within a shift vs. rest between shifts
Rest break within a shift Rest between shifts
What it is A short break during working time Time off between one shift’s end and the next shift’s start
Federal rule for adults None required. Short breaks that are given are generally paid. None
Where rules exist Some states, such as California, Colorado, Kentucky, Minnesota, Nevada, Oregon and Washington Some cities and states with fair workweek or predictive scheduling laws
Typical rule A paid 10-minute break for each 4 hours worked Premium pay if the gap is shorter than a set number of hours

The two are often confused in the same conversation, so name which one you mean. A rest break is a break inside the shift; a gap that is too short between a closing and an opening shift is the “clopening” problem.

Close at 11 p.m., open at 7 a.m.Close10-hour minimum rest2 hOpen 7 a.m.11 p.m.1 a.m.3 a.m.5 a.m.7 a.m.9 a.m.
With only 8 hours between shifts, the first 2 hours of the opening shift fall inside the 10-hour window.

Rest between shifts: the Seattle example

Seattle’s Secure Scheduling Ordinance covers hourly employees at retail and food service establishments with 500 or more employees worldwide, and full-service restaurants with 500 or more employees and 40 or more full-service locations worldwide. Under it, employers pay time-and-a-half for hours worked between closing and opening shifts that are separated by less than 10 hours.

Other cities and some states have their own versions, with different gaps, premiums and covered industries. Check the predictive scheduling laws guide for the rules where you operate.

Worked example: a close then an open

A Seattle café shift lead

A shift lead at a covered Seattle coffee chain closes on Friday, clocking out at 11:00 p.m., and is scheduled to open Saturday at 7:00 a.m. The gap is 8 hours, less than the 10-hour minimum. The hours worked between 7:00 and 9:00 a.m. fall inside the 10 hours after the close, so they are the hours at risk of the time-and-a-half premium. If the premium applies, at $24 an hour those 2 hours cost $72 instead of $48.

The simpler fix is in the schedule: start the opening shift at 9:00 a.m., or give the open to someone who did not close. EZTime can alert you when a schedule leaves less rest between shifts than the rule you set, before the schedule is published.

Mistakes that are specific to rest periods

Building rest into schedules

Rest rules exist because tired workers make mistakes and get hurt. A schedule that leaves people 7 hours between a close and an open is rarely worth what it saves.

Second example: a swap that broke the rest rule

A covered Seattle retailer approves a swap without noticing that it leaves a cashier 9 hours between a Friday close and a Saturday open.

The cashier works the shift, and the store pays the premium the ordinance requires for the hours inside the 10-hour window. The manager then sets the swap process to check the gap before approval, so the next swap that would create a short rest is caught before anyone works it.

Check the last punch, not the scheduleRest-between-shift problems are usually created by overtime, not by the schedule. A close scheduled until 10 p.m. that runs to 11:15 p.m. turns a legal 10-hour gap into an illegal one. Review late clock-outs on closing shifts every week.

Questions people ask

Is there a federal law on rest between shifts?

No. Federal law does not set a minimum rest period between shifts for adults in most jobs. Some states and cities do, often as part of predictive scheduling laws, and some industries have their own hours-of-service rules.

How many hours should be between shifts?

Where laws exist, they commonly use 10 or 11 hours. Seattle’s rule, for covered employers, is 10 hours. Many employers set their own minimum even where no law requires it.

Which states require paid rest breaks?

According to the US Department of Labor’s state table, states including California, Colorado, Kentucky, Minnesota, Nevada, Oregon and Washington require rest periods for adults, with narrower rules in a few others. See meal and rest break laws by state.

Are rest breaks paid?

Short rest breaks are generally paid. A bona fide meal period, where the employee is fully relieved of duty, can usually be unpaid. See bona fide meal period.

What is a clopening?

Working a closing shift followed by an opening shift with little time in between. Some city fair workweek laws require premium pay when the gap is too short.

Do minors have special rest and hour rules?

Yes. Federal child labor rules limit the hours and times of day 14 and 15 year olds can work, and many states add rules for minors.

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Disclaimer: This explanation of minimum rest period is general information, not legal, payroll or tax advice; rules differ by state and city and change over time, and the examples are fictional.