Definition · Employment law and regulation
Meal and Rest Breaks
Definition
Meal and rest break laws set when employees must get time off during a shift and whether that time is paid. Federal law doesn't require breaks for adults, but short breaks an employer provides must be paid. Many states, including California, Washington and New York, require meal periods and some require paid rest breaks.
Also called: Meal and rest break laws, Break laws by state, Lunch break laws, Meal periods
What federal law says
The Fair Labor Standards Act does not require employers to give adult employees meal or rest breaks. It does regulate breaks the employer chooses to give:
- Short rest breaks of about 5 to 20 minutes are counted as hours worked and must be paid (29 CFR 785.18).
- Bona fide meal periods, ordinarily 30 minutes or more, can be unpaid only if the employee is completely relieved of duty (29 CFR 785.19). A receptionist eating at the desk while answering phones is working, and that time must be paid.
Two federal exceptions require breaks: the PUMP Act gives most nursing employees reasonable break time and a private space to express milk for a year after birth, and certain transportation and safety rules set rest requirements for drivers and other regulated roles. Everything else comes from state law.
How state break laws differ
About 20 states have meal period rules, and fewer require paid rest breaks. A few examples show how different they are:
- California: a 30-minute unpaid meal period that must start before the end of the fifth hour for shifts over 5 hours, and a second before the end of the tenth hour for shifts over 10 hours, with limited waivers. Rest breaks of 10 paid minutes for every 4 hours worked or major fraction of 4 hours. If a required meal or rest break isn't provided, the employer owes one additional hour of pay at the regular rate, per day, for each type of break missed.
- Washington: a 30-minute meal period for shifts over 5 hours, and a paid 10-minute rest break for each 4 hours worked.
- New York: a 30-minute meal period for shifts over 6 hours that span 11am to 2pm, with additional meal periods for longer and late shifts. No general rest break requirement.
- Illinois: a 20-minute meal period for shifts of 7.5 hours or more, starting no later than the fifth hour, with additional meal periods for longer shifts.
Many states also have stricter break rules for minors. Because rules vary so much, a multi-state employer usually sets a baseline policy and then adds state-specific rules on top.
Worked example: missed breaks in California
A distribution center agent in California works a 9-hour shift at $22 an hour. Their scheduled meal period slips to the sixth hour because a truck arrived late, and they get only one of their two required rest breaks.
- Late meal period: 1 hour of premium pay = $22
- Missed rest break: 1 hour of premium pay = $22
That is $44 owed for one shift. Across 200 workers on a busy week, a pattern like that becomes thousands of dollars a week, and break premium claims are a frequent basis for class actions in California. The California Supreme Court held in 2021 that the premium must be paid at the employee's regular rate of compensation, including nondiscretionary bonuses and shift differentials, not just base pay.
Why breaks are a scheduling problem, not only a policy problem
Most break violations happen because the schedule makes compliance hard. In a contact center, breaks are part of shrinkage planning: if the forecast assumes agents take two 15-minute breaks and a 30-minute lunch, but shift scheduling doesn't stagger them, service levels drop and supervisors start delaying breaks to cover queues.
Fixes that work in practice:
- Build breaks into the schedule at fixed times, not "when it's quiet."
- Track actual break start and end in your time and attendance system, not just scheduled breaks.
- Avoid automatic meal deductions unless employees can easily record when they worked through.
- Alert supervisors before a meal period is about to be late, not after.
- Check that breaks don't push daily hours into overtime where states such as California count daily overtime.
Common mistakes
- Unpaid short breaks. Federal law treats breaks under 20 minutes as paid time.
- On-call lunches. If staff must stay at the station, answer radios or watch the floor, the meal period isn't bona fide.
- Auto-deducting meal periods without verifying they were taken.
- Ignoring minors' rules, which are often stricter.
- Discouraging breaks informally, through productivity targets that can only be met by skipping them.
This is general information. Break laws vary by state, city and industry, so check the rules for each work location.
Frequently asked questions
Does federal law require lunch breaks?
No. The FLSA doesn't require meal or rest breaks for adult employees, but breaks of about 5 to 20 minutes must be paid if given, and unpaid meal periods require the employee to be fully relieved of duty.
Which states require meal and rest breaks?
About 20 states have meal period laws, including California, Washington, New York, Illinois, Colorado and Oregon. Fewer states require paid rest breaks; California, Washington, Oregon and Colorado are among them.
What happens if an employee misses a break in California?
The employer owes one additional hour of pay at the employee's regular rate for each workday a required meal period is missed, and another for missed rest breaks.
Can employees waive their meal break?
Some states allow it in limited cases. In California, the first meal period can be waived by mutual consent if the shift is 6 hours or less.
Are rest breaks paid?
Yes. Under federal law, breaks of about 5 to 20 minutes count as hours worked. States that require rest breaks also generally require them to be paid.