Meal and Rest Break Laws by State (2026): Every Rule and Penalty
Federal law requires no meal or rest break for adult employees. Twenty-one states and the District of Columbia's neighbors do, and nine of them also mandate paid rest breaks. The rules differ on four things: how long a shift must be before a break is owed, how long the break must be, when in the shift it must fall, and what a missed break costs. California owes an extra hour of pay for each missed meal or rest period; Minnesota, since January 1, 2026, owes the missed time plus an equal amount as liquidated damages; most other states set no specific remedy and rely on their labor department.
This page gives the rule for every state that has one, with the statute, the trigger, the timing, the waiver conditions and the penalty, from the statutes and labor department pages read in October 2026 rather than the Department of Labor's summary table, which was last revised in January 2023 and misses Minnesota's change and Colorado's 2026 order. It also covers the two federal rules that do apply everywhere, paid short breaks and unpaid bona fide meal periods, and the automatic meal deduction practice that has produced the largest settlements.
The federal rules that apply everywhere
The Fair Labor Standards Act does not require a lunch break or a coffee break, and the Department of Labor says so in those words. What it does regulate is pay for the breaks an employer chooses to give. Under 29 CFR 785.18, short rest periods, which the regulation describes as running from five minutes to about twenty, are hours worked and must be paid, and an employer cannot offset them against other working time. Under 29 CFR 785.19, a bona fide meal period is not work time and may be unpaid, but only if the employee is completely relieved from duty for the purpose of eating a regular meal; ordinarily thirty minutes or more is long enough, and an employee who eats at a desk while answering the phone is working. The employee need not be allowed to leave the premises if otherwise free of duties. A Department of Labor opinion letter dated May 28, 2026 confirmed that a thirty-minute unpaid meal period stays non-compensable even where leaving a large secured site leaves only ten to fifteen minutes to eat, because the test is relief from duty, not convenience, while noting that state law may be stricter.
One federal break right does exist. The PUMP for Nursing Mothers Act, signed December 29, 2022, requires reasonable break time to express milk each time the employee needs to for one year after a child's birth, in a space that is not a bathroom and is shielded from view. The breaks are unpaid unless the employee is working or the employer pays other breaks, employers with fewer than 50 employees can claim undue hardship, and full remedies including liquidated damages have applied since April 28, 2023.
States that require meal breaks
The table covers adult private-sector employees. Citations marked with an asterisk were read on the state's own statute or agency page in October 2026; the rest come from the Department of Labor's state table and should be checked against the statute before you rely on a section number. Enforcement is by the state labor agency in every case; private suits are established in California, Minnesota, Oregon and Washington.
| State | Statute | Trigger and length | Timing | Waiver | Missed break |
|---|---|---|---|---|---|
| California | Labor Code 512 and 226.7; IWC wage orders* | 30 minutes unpaid after more than 5 hours; a second after more than 10 | Must begin before the end of the fifth hour (tenth for the second) | First meal waivable by mutual consent if the day is 6 hours or less; second if the day is 12 hours or less and the first was taken; on-duty meal only by written, revocable agreement where the work prevents relief | One hour of pay at the regular rate per workday for each type of missed break (226.7); three-year limitations period |
| Colorado | COMPS Order 40, Rule 5, effective February 1, 2026 | 30 minutes duty-free after more than 5 consecutive hours; if the work makes that impractical the employee eats on duty and is paid | Not specified | Generally not waivable | No one-hour premium in the order; unpaid on-duty time is owed as wages |
| Connecticut | Gen. Stat. 31-51ii | 30 minutes after 7.5 consecutive hours | Between the second hour after starting and two hours before the end | Exemptions for collective agreements and some professions | None specified |
| Delaware | 19 Del. C. 707 | 30 minutes after 7.5 consecutive hours | Same two-hour window as Connecticut | Collective agreements, public safety, continuous operations | None specified |
| Illinois | One Day Rest in Seven Act, 820 ILCS 140/3 | 20 minutes after 7.5 continuous hours, plus a further 20 minutes for each additional 4.5 hours | No later than 5 hours after starting | None specified | None specified; hotel room attendants in counties over 3 million get 30 minutes on 7-hour days |
| Kentucky | KRS 337.355 | A reasonable period, in practice 30 minutes, unpaid | Between the third and fifth hour | Not specified | None specified |
| Maine | 26 M.R.S. 601 | 30 minutes after 6 consecutive hours | Not specified | Sites with fewer than three employees on duty, or where frequent breaks are given | None specified |
| Maryland (retail) | Lab. and Empl. 3-710 | 15 minutes for shifts of 4 to 6 hours; 30 minutes over 6; a further 15 minutes per additional 4 hours | Not specified | Retail employers with 50 or more retail employees only | None specified |
| Massachusetts | G.L. c. 149 s. 100 | 30 minutes after 6 hours | Not specified | Employee must be free of duties and free to leave | Fines under chapter 149; enforced by the Attorney General's Fair Labor Division |
| Minnesota | Minn. Stat. 177.254 (meal) and 177.253 (rest)*, amended effective January 1, 2026 | 30 minutes after 6 or more consecutive hours (previously 8); paid rest of at least 15 minutes within each 4 consecutive hours | Rest within each four-hour block | Employee may voluntarily skip; the Department of Labor and Industry recommends getting it in writing | The missed time at the regular rate plus an equal amount as liquidated damages; agency or private action |
| Nebraska | Neb. Rev. Stat. 48-212 | 30 minutes off premises in each 8-hour shift | Not specified | Assembly plants, workshops and mechanical establishments only | None specified |
| Nevada | NRS 608.019 | 30 minutes after 8 continuous hours; employers of two or more | Not specified | Labor Commissioner exemptions and collective agreements | None specified |
| New Hampshire | RSA 275:30-a | 30 minutes after 5 consecutive hours | Not specified | Not required where the employer allows eating while working | None specified |
| New York | Labor Law 162* | See the noon-day rule below: 30 minutes in most workplaces, 60 in factories | Within 11 a.m. to 2 p.m. for shifts over 6 hours spanning that window | Shorter periods only by written permit from the Commissioner, posted at the entrance | None in the section; Department of Labor enforcement |
| North Dakota | N.D. Admin. Code 46-02-07-02 | 30 minutes for shifts over 5 hours where two or more employees are on duty | Not specified | Collective agreement prevails | None specified |
| Oregon | OAR 839-020-0050* | 30 continuous minutes, fully relieved, for work periods of 6 to 8 hours | After the second and before the fifth hour for periods of 7 hours or less; after the third and before the sixth for longer | Tipped food and beverage workers over 18 may waive on the Bureau of Labor and Industries form, requested at least 7 days after starting and revocable on 7 days' notice | The whole period must be paid if not fully relieved; the state Supreme Court treats it as a wage; civil penalties by the Bureau |
| Rhode Island | Gen. Laws 28-3-14 | 20 minutes in a 6-hour shift; 30 minutes in an 8-hour shift | Not specified | Licensed health facilities and employers with fewer than three per shift excluded | None specified |
| Tennessee | Tenn. Code 50-2-103(f) | 30 minutes unpaid for 6 or more consecutive scheduled hours | Not during or before the first hour | Tipped food and beverage employees may waive in writing | None specified |
| Vermont | 21 V.S.A. 304 | Reasonable opportunities to eat and use the toilet; no fixed length | None specified | ||
| Washington | WAC 296-126-092* | 30 minutes after more than 5 consecutive hours; a further meal if the employee works 3 or more hours beyond the normal day | Starting no earlier than 2 and no later than 5 hours into the shift | Variances through Labor and Industries | Paid if the employer requires the employee to remain on duty; missed paid rest counts as hours worked, so overtime can be owed |
| West Virginia | W. Va. Code 21-3-10a | 20 minutes after 6 hours | Not specified | None specified |
The states not in the table, which is 29 of them, have no meal break requirement for adults. Employers there follow the federal pay rules above and whatever their own policy says. A written policy becomes enforceable through wage claims if it promises breaks and then charges for them, so write the policy you can keep; our break time policy template is built for that.
States that require paid rest breaks
| State | Rule | Citation |
|---|---|---|
| California | 10 paid minutes for each 4 hours or major fraction, in the middle of the period where practicable; none for shifts under 3.5 hours; one hour of pay for each day a rest period is denied | IWC wage orders; Labor Code 226.7 |
| Colorado | 10 paid minutes for each 4 hours or major fraction | COMPS Order 40, Rule 5.2 |
| Kentucky | 10 paid minutes for each 4-hour period, in addition to the meal period | KRS 337.365 |
| Minnesota | At least 15 paid minutes within each 4 consecutive hours, since January 1, 2026 | Minn. Stat. 177.253 |
| Nevada | 10 paid minutes for each 4 hours or major fraction; none under 3.5 hours; employers of two or more | NRS 608.019 |
| Oregon | 10 paid minutes for each 4 hours or major part, separate from the meal period | OAR 839-020-0050 |
| Washington | 10 paid minutes for each 4 hours, near the midpoint, with no more than 3 hours worked without one; intermittent rest of equal total allowed | WAC 296-126-092 |
| Vermont | Reasonable opportunities to eat and use the toilet | 21 V.S.A. 304 |
| Illinois (hotels) | Two paid 15-minute breaks on days of 7 or more hours for hotel room attendants in counties over 3 million | Hotel Workers Sexual Harassment Prevention Act |
Only California and Minnesota attach a specific money remedy to a missed rest break. Colorado, Oregon and Washington owe the unpaid time, and in Washington the state Supreme Court has held that missed paid rest counts as hours worked for overtime. Pages that describe a California-style one-hour premium in those three states are wrong.
New York's noon-day rule
New York Labor Law 162 is the most misdescribed break statute in the country, so here it is in full. Factory workers get at least 60 minutes for the noon-day meal; employees in mercantile and other establishments get at least 30. Noon-day means 11 a.m. to 2 p.m., and a shift of more than six hours that spans that window must include the break inside it. A shift that starts before 11 a.m. and ends after 7 p.m. earns an additional 20 minutes between 5 p.m. and 7 p.m. A shift of more than six hours that starts between 1 p.m. and 6 a.m. earns a mid-shift meal of 60 minutes in a factory and 45 minutes elsewhere. Shorter periods are lawful only under a written permit from the Commissioner of Labor, posted at the main entrance and revocable at any time. The section sets no penalty; enforcement runs through the Department of Labor.
States with rules for minors only
The Department of Labor counts 35 jurisdictions with separate meal rules for minors, including states with no adult rule at all. Pennsylvania, Wisconsin, New Jersey and Ohio are the most cited, each requiring roughly 30 minutes after five to six hours for workers under 18, and Washington revised its minor break rules effective July 1, 2026. If you employ anyone under 18, check the state's child labor page directly; the adult table above does not cover them and the rules change more often.
Automatic meal deductions
An automatic 30-minute deduction from every shift is lawful only to the extent the employee was actually relieved for 30 minutes. Where nurses, technicians or warehouse staff routinely work through lunch and nobody cancels the deduction, the employer has unpaid hours worked under 29 CFR 785.19 and, in the states above, an unpaid state break premium on top. The litigation record is long: a $3.5 million settlement for about 1,400 nurses at SSM Health Care of Wisconsin in 2013, up to $4.25 million at University Medical Center of Southern Nevada in 2019, and collective actions certified against hospital systems in Ohio and Alabama. Courts have protected employers that gave employees a real way to cancel the deduction and trained managers to use it, and certified classes against employers whose override was rarely used. The practical rule is an override every employee knows about, an attestation at clock-out that the break was taken, and a manager report of missed breaks each pay period.
Tracking breaks so the record holds up
29 CFR 516.2 requires a record of hours worked each day and week; it does not require break punches, but a break punch is the only evidence that a 30-minute deduction was real. In California the burden shifts to the employer where records are missing, so a missing meal punch is treated as a missed meal. Time clock apps handle this differently: some enforce a minimum break length before allowing a clock-in, some only record it, and some auto-deduct silently. Our clock in clock out app review says which do what, and our time card calculator covers the rounding rule that interacts with break timing.
What the data says about breaks
- Claims volume. California's Labor and Workforce Development Agency received 8,846 notices under the Private Attorneys General Act in fiscal 2024-25, and calendar 2025 filings approached 9,900 according to the Duane Morris class action review, which also puts the ten largest wage-and-hour settlements of 2025 at $430.6 million. Meal and rest claims are a standard component of California wage class actions; the state publishes no break-specific count.
- Skipped lunches. Surveys here are brand-commissioned and should be read as such. A Talker Research poll of 2,000 employed Americans for a food brand in 2025 found 55% skip lunch on hectic days and one in three eat at their desks; ezCater's 2025 lunch report of 1,000 workers found 35% take a lunch break away from the desk every day. The Tork "Take Back the Lunch Break" release often cited for desk-lunch figures published no sample or method.
- Breaks and attention. Ariga and Lleras's 2011 experiment in Cognition found that participants given two brief breaks during a roughly one-hour vigilance task showed no decline in performance, where those without breaks declined. DeskTime's 2014 analysis of its most productive users produced the widely quoted 52 minutes of work to 17 minutes of break; its 2021 rerun found 112 and 26. Both are observational data from one vendor's users, not peer-reviewed workplace studies, and our workplace distraction statistics page puts them in context.
Key takeaways
- Federal law requires no meal or rest break. It requires that breaks of about 5 to 20 minutes be paid (29 CFR 785.18) and lets a meal period of about 30 minutes be unpaid only if the employee is completely relieved (29 CFR 785.19).
- Twenty-one states mandate meal breaks for adults; nine mandate paid rest breaks. California, Colorado, Kentucky, Minnesota, Nevada, Oregon and Washington do both.
- California owes one hour of pay per workday for each missed meal or rest period. Minnesota, since January 1, 2026, owes the missed time plus an equal amount as liquidated damages. No other state has a comparable fixed premium.
- Minnesota's 2026 change moved the meal trigger from 8 to 6 hours and added a 15-minute paid rest per 4 hours; Colorado's COMPS Order 40 took effect February 1, 2026. The Department of Labor's state table predates both.
- New York's rule is a 30-minute (60 in factories) break inside 11 a.m. to 2 p.m. for shifts over 6 hours, with extra breaks for long and night shifts.
- Automatic meal deductions are lawful only when the break was actually taken; a working override and a clock-out attestation are what have protected employers in court.
- The PUMP Act gives nursing employees federal break rights for a year after birth, with undue-hardship relief for employers under 50 staff.
Frequently asked questions
Does federal law require lunch breaks?
No. The Department of Labor states that federal law does not require lunch or coffee breaks. It regulates pay for breaks that are given: short breaks of about 5 to 20 minutes must be paid, and a meal period of about 30 minutes may be unpaid only if the employee is completely relieved of duty.
Which states require meal breaks?
California, Colorado, Connecticut, Delaware, Illinois, Kentucky, Maine, Maryland (retail), Massachusetts, Minnesota, Nebraska (manufacturing), Nevada, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Tennessee, Vermont, Washington and West Virginia. The trigger ranges from 5 hours in California and Washington to 8 in Nevada.
Which states require paid rest breaks?
California, Colorado, Kentucky, Minnesota, Nevada, Oregon and Washington require roughly 10 to 15 paid minutes per 4 hours worked. Vermont requires reasonable opportunities to eat and use the toilet, and Illinois requires paid rest breaks for hotel room attendants in large counties.
What happens if an employer misses a meal break in California?
The employer owes one additional hour of pay at the employee's regular rate for each workday a meal period is missed, and another hour for each day a rest period is missed, under Labor Code 226.7. The premium is a wage with a three-year limitations period and is the basis of many Private Attorneys General Act claims.
What changed in Minnesota's break law in 2026?
Effective January 1, 2026, Minnesota requires a 30-minute meal break after 6 consecutive hours instead of 8, and a paid rest break of at least 15 minutes within each 4 consecutive hours. A missed break is owed at the regular rate plus an equal amount as liquidated damages, enforceable by the Department of Labor and Industry or a private suit.
Can an employer automatically deduct 30 minutes for lunch?
Only if the employee actually took a duty-free 30-minute break. Where employees work through lunch and the deduction is not reversed, the employer owes unpaid wages under federal law and any state break premium. Employers that provide a working override, train managers and require a clock-out attestation have fared best in litigation.
Can an employee waive a meal break?
It depends on the state. California allows the first meal to be waived by mutual consent on days of 6 hours or less, and the second on days of 12 or less. Oregon and Tennessee allow tipped food-service workers to waive in writing. Minnesota lets employees voluntarily skip and recommends written confirmation. Several states, including Colorado, generally do not allow waiver.
Are employers required to give breaks to nursing mothers?
Yes. The federal PUMP for Nursing Mothers Act requires reasonable break time to express milk for one year after a child's birth, in a private space that is not a bathroom. The breaks are unpaid unless the employee is working or other breaks are paid; employers with fewer than 50 employees may claim undue hardship.