While there's nothing in the Fair Labor Standards Act (FLSA) that requires employers to give workers a break during their shift, many states have laws in place requiring employers to provide breaks for their workers, with some having requirements that only apply to minors.
Key break requirement terms
Covered employee/ covered worker
Any worker that a break requirement applies to.
Rest break
Under the Fair Labor Standards Act (FLSA), short breaks (5–20 minutes) are considered hours worked, and must be paid. Employers cannot ask workers to clock out for a 15-minute break.
Meal break
Longer breaks intended for employees to eat a meal, may be paid or unpaid.
Federal rules for rest and meal breaks
Federal law does not require rest or meal breaks. However, federal law requires short (5-20 minute) breaks to be paid, and included in the sum of hours worked when determining overtime was worked. Meal breaks (lasting 30 consecutive, uninterrupted minutes or longer), serve a different purpose than rest breaks, and are not compensable.
States with break requirements
The following states have their own break requirements that must be followed.
Alabama
Workers, ages 14 and 15, who work more than 5 continuous hours must receive a break of at least 30 minutes.
Alaska
Workers under the age of 18 who are scheduled to work for 5 consecutive hours must receive a break of at least 30 minutes.
Arizona
Arizona does not have break requirements.
Arkansas
Workers under the age of 18 who who work in the entertainment industry must receive regular meal and rest breaks. They also must have at least a 10-hour break between work days.
California
Most California workers must receive the following breaks:
- An uninterrupted 30-minute unpaid meal break when working more than five hours in a day
- An additional 30-minute unpaid meal break when working more than 12 hours in a day
- A paid 10-minute rest period for every four hours worked
Certain workers, such as domestic workers and farm workers, are covered by different meal and rest break laws. Additional information on meal periods and rest periods can be found on the Labor Commissioner's website.
Colorado
Employees who work 5 or more consecutive hours must receive:
- A 30 minute meal break
- A paid rest break of at least 10 minutes every 4 hours
- A second meal period after 12+ hours
Connecticut
Non-exempt employees who work 7.5 or more consecutive hours must receive a meal break of at least 30 minutes, with a 2 hour threshold before the break can be given. The break must also be given before the last two hours of their shift.
District of Columbia
The District of Columbia does not have break requirements.
Delaware
Delaware law does not require rest or meal breaks for adult workers aged 18 and older, however employees under the age 18 must receive a 30 minute meal break after 5 consecutive hours of work.
Florida
Minor employees must be given a 30-minute uninterrupted meal break for every four hours of continuous work.
Georgia
Georgia does not have break requirements.
Hawaii
Workers, ages 14 and 15, who work more than 5 continuous hours must receive a break of at least 30 minutes.
Idaho
Idaho does not have break requirements.
Illinois
Employees 16 and older must be permitted to take a 30 minute meal break for every 7.5 hours worked (5 hours for employees under 16). This break must be given within the first 5 hours of the start of the shift. An additional 20-minute meal break must be permitted if working 12 hours or more.
Indiana
Employees under the age of 18 must be given one or two rest breaks, totaling at least 30 minutes if the employee is scheduled to work 6 or more consecutive hours.
Iowa
Employees under the age of 16 must be given a rest break of at least 30 minutes if the employee is scheduled to work 5 or more consecutive hours.
Kansas
Kansas does not have break requirements.
Kentucky
Employees working 5 or more hours must be given a 30 minute meal break, with a 10 minute rest break given within each 4 hours worked.
Louisiana
Employees under the age of 18 must be given a rest break of at least 30 minutes if the employee is scheduled to work 5 or more consecutive hours.
Maine
Employees who work 6 or more consecutive hours must be given a 30 minute rest or meal break.
Maryland
Minors under 18 must receive a 30 minute break for every 5 hours of work.
Additionally, employees covered under the Healthy Retail Employee Act must receive a 15 minutes when working a shift of 4 to 6 hours, a 30 minute break for a shift of 6 or more consecutive hours. Covered employees working 8 or more hours must receive a 30 minute break, with an additional 15 minutes for every additional 4 working hours.
Massachusetts
Workers have a right to at least a 30-minute meal break if they work more than six hours during a calendar day.
Michigan
Employees under the age of 18 may not work more than five hours without a documented 30-minute uninterrupted break. Daily time records should reflect the starting and ending of shifts as well as the 30-minute uninterrupted break.
Minnesota
Employees must be given a break of at least 15 minutes for each 4 consecutive hours worked. Employees must be given a 30 minute meal break when working 6 or more consecutive hours.
Mississippi
Mississippi does not have break requirements.
Missouri
Employees under the age of 18 working in the entertainment industry cannot work more than five and one-half hours without being given a meal break, and must be given a 15-minute rest period after each two hours of continuous work.
Montana
Montana does not have break requirements.
Nebraska
Employees working in an assembling plant, workshop, or mechanical establishment must be given a 30 minute break for lunch within each 8 hour shift.
Nevada
Employees must be given a 10 minute rest break within each 4 hours worked, and a 30 minute uninterrupted meal break within each 8 hour shift.
New Hampshire
Employees who work more than 5 consecutive hours must be given a 30 minute meal break.
New Jersey
Employees under the age of 18 must be given a 30 minute meal period after 5 consecutive hours of work.
New Mexico
New Mexico does not have break requirements.
New York
Employee who work more than 6 hours must be given a 30 minute meal break (60 minutes for factory workers).
North Carolina
Employees under 16 years of age must be given a 30 minute break after 5 hours worked.
North Dakota
Employees who work 5 or more consecutive hours must be given a 30 minute meal break.
Ohio
Employees under the age of 18 must be given a 30 minute meal break for every 5 hours worked.
Oklahoma
Employees ages 14 and 15 must be given a 30 minute break for working 5 consecutive hours, and a 1 hour break for working 8 consecutive hours.
Oregon
Employees working an 8 hour shift must be given two 10 minute rest breaks, and one 30 minute meal break. Other requirements apply to shifts longer and shorter in duration, such as one 10 minute break for working between 2 and 6 hours, one rest and one meal break for working 6 hours, and additional breaks required after 10 hours.
Pennsylvania
Employees ages 14 through 17, as well as seasonal farm laborers, who work 5 or more consecutive hours must be given a 30 minute break.
Rhode Island
A twenty-minute meal period must be given during a six-hour shift, and a thirty-minute meal period must be given during an eight-hour shift.
South Carolina
South Carolina does not have break requirements.
South Dakota
South Dakota does not have break requirements.
Tennessee
Employees scheduled 6 consecutive hours must be given a 30 minute meal break.
Texas
Texas does not have break requirements.
Utah
Employees under the age of 18 must receive a 30 minute meal break within the first five hours of a workday, with a 10 minute break for each four hours worked, with no more than three consecutive hours worked without a 10 minute break.
Vermont
Employees must be provided with a “reasonable opportunity” to eat and use restroom facilities in order to protect the health and hygiene of the employee. Federal law mandates must be paid unless it lasts at least 30 minutes, and is completely uninterrupted and free from work.
Virginia
Employees under the age of 16 who work 5 hours or more must be given a 30 minute break.
Washington
Employees ages 14 and 15 must be given a 10 minute break for every 2 consecutive hours worked, and a 30 minute break for working 4 or more hours. Employees ages 16 or above must be given a 10 minute break for every 4 hours worked, and a 30 minute break for working 5 or more hours. Employees working 3 or more hours longer than a normal work day must be given an additional meal break.
West Virginia
Employees who work 6 or more consecutive hours must be given a 20 minute meal break.
Wisconsin
Employees under 18 must be given a 30 minute break for every 6 hours worked.
Wyoming
Wyoming does not have break requirements.