Definition: A rest break is a brief period during a shift when an employee pauses work, typically 5 to 20 minutes. Under federal rules, these short breaks are counted as hours worked and paid. Some states require employers to provide paid rest breaks at set intervals.
EZTime labor rule alerts flag overtime and missed rest periods before payroll.
Rest breaks are short, but they show up in compliance reviews more often than you might expect. Federal law does not require them, yet if you offer them, federal rules say they are paid. Several states go further and require them. For hourly teams, the key is simple: know whether your states mandate rest breaks, schedule them, and never deduct them as unpaid time.
Most rest break policies give employees a 10- or 15-minute paid break for each block of hours worked, such as one break per four hours. Unlike meal breaks, employees usually do not clock out for short rest breaks, because the time remains paid. Some employers still track them to confirm breaks are taken, especially where state law requires them.
An employee works a 9:00 a.m. to 5:30 p.m. shift at $18.00 per hour, with a 30-minute unpaid meal break (fully relieved) and two 10-minute rest breaks.
| Item | Time | Paid? |
|---|---|---|
| Total time on site | 8 hours 30 minutes | |
| Meal break (bona fide) | 30 minutes | No |
| Rest break #1 | 10 minutes | Yes |
| Rest break #2 | 10 minutes | Yes |
| Paid hours | 8 hours | 8 x $18.00 = $144.00 |
If the employer had also deducted the two 10-minute rest breaks, paid time would drop to 7 hours 40 minutes, and the employee would be shorted $6.00 for the day. Over a five-day week, that is $30.00 per employee, and potentially overtime if the employee is near 40 hours.
The FLSA regulations at 29 CFR Part 785 address rest periods directly. Section 785.18 states: "Rest periods of short duration, running from 5 minutes to about 20 minutes, are common in industry." It continues that "they must be counted as hours worked." The section explains that such breaks are customarily paid for as working time and cannot be offset against other compensable time such as waiting or on-call time.
The Department of Labor's hours worked fact sheet says the same thing in plainer terms: "rest periods of short duration, usually 20 minutes or less, are common in industry," and short breaks count as paid working time. By contrast, Section 785.19 treats a bona fide meal period, ordinarily 30 minutes or more with the employee completely relieved from duty, as not worktime. See meal break for those rules.
Federal law does not require employers to provide rest breaks to adult employees. That decision is left to employers and to state law.
The Department of Labor's state rest period table (data as of January 1, 2023) lists states that require paid rest periods for adult private-sector employees. Its footnote says: "States not listed do not require paid rest periods." Examples from that table:
| State | Requirement (summary of DOL table) |
|---|---|
| California | Paid 10-minute rest period for each 4 hours worked or major fraction thereof; not required for total daily work time under 3.5 hours |
| Colorado | Paid 10-minute rest period for each 4 hours of work or major fractions thereof |
| Kentucky | Paid 10-minute rest period during each 4-hour work period, in addition to the regular meal period |
| Minnesota | Paid adequate rest period within each 4 consecutive hours, enough to use a nearby restroom |
| Nevada | Paid 10-minute rest period for each 4 hours worked or major fraction; not required for shifts under 3.5 hours; applies to employers with 2+ employees at a location |
| Oregon | Paid 10-minute rest period for every 4 hours worked or major portion; cannot be added to a meal period or used to shorten the shift |
| Washington | Paid 10-minute rest period for each 4-hour work period; no more than 3 hours of work without a rest period |
The table includes exceptions, such as collective bargaining agreements and specific industries, that are not shown here. Confirm current rules with each state's labor agency.
Planned breaks make it easier for managers to see who is on the floor at any time. When breaks are scheduled into shift templates rather than taken ad hoc, teams can rotate coverage without leaving a counter, line, or desk unattended.
EZTime gives managers visibility into breaks without extra paperwork. Employees record time with a GPS mobile time clock with geofencing, NFC tags, a tablet kiosk, or biometric clocks, and overtime and break alerts notify managers when breaks are missed or run long. AI shift scheduling and shift templates help plan break coverage, and timecard corrections are tracked in an audit trail. Payroll-ready Excel and PDF exports work with any payroll software; EZTime does not run payroll. Plans start at $2 per employee per month with a 14-day trial. Learn more about the attendance clock or see pricing.
This is general information, not legal advice.
Federal law does not require employers to give adult employees rest breaks. When an employer does provide short breaks, federal rules generally require them to be paid. Some states require paid rest breaks.
Yes, under federal rules. 29 CFR 785.18 says rest periods of short duration, running from 5 minutes to about 20 minutes, must be counted as hours worked.
Under federal rules a short break is paid working time, so skipping it does not create unpaid time. Some states require breaks to be provided and do not allow them to be used to shorten a shift; Oregon, for example, does not allow a rest period to shorten the start or end of the work period.
The Department of Labor’s state table lists states such as California, Colorado, Kentucky, Minnesota, Nevada, Oregon, and Washington, among others. Its footnote says states not listed do not require paid rest periods.