Do Employers Have to Give Breaks? Employee Break Laws by State

One of the most common HR questions small employers ask is, “Do I have to give my employees breaks?” 

The short answer that every HR professional knows well is: it depends. 

While the federal government does not require rest or meal breaks, that does not mean you can skip them entirely. Most states have their own laws about breaks, and these rules can vary depending on factors like employee age, job type, and length of shift. These scheduled rest or meal intervals, often referred to as break periods, may be mandated or recommended by state law. 

But even when not legally required, providing breaks is often a smart business move to boost morale, productivity, and retention - especially when employees are working long shifts. 

Let’s unpack what you need to know about employee work break rules. 

There’s No Federal Law That Mandates Breaks for Adults or Youth 

Under the Fair Labor Standards Act (FLSA), there is no federal requirement for employers to provide meal or rest breaks for adults or minors. However, the U.S. Department of Labor (DOL) does have specific rules about how breaks should be paid when you choose to offer them. 

In short: 

• Rest breaks that are 20 minutes or less must be paid and count toward total hours worked (including overtime). A 10- or 15-minute break is a common example of a short, paid break required under federal guidelines. 
• Meal breaks, which are typically 30 minutes or longer, can be unpaid only if the employee is completely relieved of all job duties. 

That means if an employee answers calls, checks emails, or stays near a workstation during their lunch, it’s not truly a “meal break” under federal law. That time must be paid. 

State Laws Often Fill the Gap 

Because federal law doesn’t require breaks, most regulation happens at the state level. 

According to the DOL’s state-by-state summaries, more than 20 states and territories have their own rules about rest or meal periods. These vary widely, so employers should always check local requirements before setting policy. 

Here’s a quick overview of how some states handle it: 

California

Employees who work more than five hours must receive a 30-minute unpaid, off-duty meal break, and those working over 10 hours get a second meal break.  
 
The first meal period must be provided no later than the end of the fifth hour of work, and a second meal must begin no later than the end of the tenth hour. The second meal period may be waived by mutual consent if the total work period is no more than 12 hours and the first meal period was not waived.  
 
A written agreement may be required for certain on-duty meal breaks. Additionally, employees are entitled to a paid 10-minute rest break for every four hours worked, which should be provided in the middle of each work period where practical.  

Colorado

Employees must be relieved of duties for a 30-minute unpaid meal period when working more than five consecutive hours. If the employee cannot be completely relieved of duties, the meal period must be on duty and paid. Employees should also receive a paid 10-minute rest break for every four hours worked, preferably scheduled near the middle of each work period. 

Delaware

Employees are entitled to a half hour break if they work at least seven and a half consecutive hours, with certain exemptions. This break must be scheduled after the first two hours and before the last two hours of the shift.

New York

Meal period requirements and rest break rules depend on shift length and industry:

• • • • Most employees must receive at least a 30-minute unpaid meal period between 11 a.m. and 2 p.m. if they work a shift of six hours or more that covers that period.
      • Factory employees are entitled to a 60-minute meal period between 11 a.m. and 2 p.m. 
      • Employees working shifts that start before 11 a.m. and continue past 7 p.m. must receive an additional 20-minute meal period between 5 p.m. and 7 p.m. 
      • Employees working a shift of more than six hours starting between 1 p.m. and 6 a.m. must receive a 45-minute meal and rest break at the midpoint of the shift.

New York does not have paid rest break laws for adult employees, though employers who provide short breaks of 20 minutes or less must treat them as paid time under federal law.   

North Dakota

Employees must receive a 30-minute meal break if they work shifts longer than five hours, unless there are fewer than two employees on duty.  

Texas

Has no state-specific break laws, so federal rules about compensable time apply.

Utah

Has no general requirement for adult meal or rest breaks but does require meal breaks for minors. Domestic employees and those engaged in domestic or casual labor are generally exempt from these break requirements.

Washington

Employees working more than five hours must receive a 30-minute meal period, which must begin between the second and fifth hour of the shift. Employees working more than 11 hours are entitled to a second 30-minute meal period. Meal periods are unpaid unless the employee is required to remain on duty.

Additionally, employees must receive a paid rest period of at least 10 minutes for each four hours worked, scheduled as near as possible to the midpoint of the work period.  

Some states make you track and compensate for missed breaks. In states without specific regulations, employers can set their own policies; but consistency is key. If you regularly provide breaks, those practices can become an implied policy. This means employees could argue they are entitled to them, even without a written rule. 

Keep in mind that collective bargaining agreements can modify standard rest break requirements, providing different rules for meal and rest periods for some industries. Be sure to distinguish between paid and unpaid breaks to ensure compliance and avoid legal risks. 

For a list of all states' rules for meal breaks, please visit: https://www.dol.gov/agencies/whd/state/meal-breaks 

Special Rules for Minors and Certain Industries

Even in states without general break requirements, there are often special protections for minors. For example: 

• Many states require a 30-minute meal break for minors (under age 18) after they have worked five hours. In some states, minors are also entitled to short, paid minute breaks (typically 10 minutes) for every set number of hours worked.
  

• Agricultural, manufacturing, and healthcare industries may have additional state-specific requirements to reduce fatigue and safety risks. Break entitlements in these industries are often determined by the length of the work period, with specific rules for when and how breaks must be provided.
  

• Some states require a half hour meal break for minors or certain industries, and the timing of these breaks is often mandated to occur between the second and fifth hour or the third and sixth hours of the shift. Additionally, requirements may specify breaks in half hours or mandate a full 1 hour rest break for minors working 8 consecutive hours. 

If your business employs teenagers or operates in a regulated field, always double-check those industry and age-specific exceptions. 

Paid vs. Unpaid Breaks: The Fine Print 

The DOL’s Wage and Hour Division offers clear guidance on how breaks affect pay: 

• Short breaks (5–20 minutes): Count as paid time. You cannot deduct these minutes from an employee’s total hours worked. 

• Longer breaks (30+ minutes): Can be unpaid only if employees are completely free from work responsibilities. Unpaid meal breaks must meet this standard to comply with labor regulations. 

• Unauthorized extensions: If an employee extends their break beyond what is allowed, you don’t have to pay for the extra time, but only if you’ve clearly communicated that extending breaks violates company policy and may lead to discipline. 

The key phrase is “expressly and unambiguously communicated.” To protect your business, include your break policy in your employee handbook and review it regularly with staff. 

Break Rules Apply Primarily to Nonexempt Employees 

Break and overtime rules only apply to nonexempt employees, meaning those who are hourly or otherwise eligible for overtime pay. 

Exempt employees, such as managers or salaried professionals, are generally expected to manage their time independently. You can (and should) encourage them to take breaks for wellness and productivity, but you’re not legally required to track or compensate those periods. 

Keep in mind that a collective bargaining agreement may establish different break entitlements or exemptions for certain employees, modifying the standard rules that would otherwise apply. 

Employees Working Through Breaks: Compliance and Pitfalls 

When employees work through their meal breaks, it can create compliance challenges for employers under both federal and state labor laws. According to the Fair Labor Standards Act (FLSA), any time an employee works during a meal break, from answering emails and taking calls to performing any job-related tasks, that time must be paid and counted toward total hours worked. 

Employers cannot classify a meal break as unpaid if the employee works through any portion of it. This means that if an employee works during what should be an unpaid meal break, the break must be paid, and those minutes are included in calculating overtime and total hours worked. Failing to pay for these meal breaks can lead to wage and hour violations, back pay claims, and potential penalties. 

Why Offering Breaks Is a Good Business Practice 

Even when not required, rest and meal breaks are a great business advantage. For employees, regular breaks: 

• Improve focus and reduce burnout 
• Lower accident rates in labor-intensive jobs 
• Boost morale and job satisfaction 
• Encourage employee loyalty and retention 

For small employers competing for talent, a fair and flexible break policy can be an appealing part of your overall benefits package. 

Bottom Line Regarding Employee Break Laws by State 

There’s no one-size-fits-all answer when it comes to employee breaks. For small and midsize employers, the key is understanding your state’s specific laws, setting a clear policy, and communicating the requirements to employees. You can stay up to date by visiting: 

• DOL Rest Periods by State: dol.gov/agencies/whd/state/rest-periods 
• DOL Meal Breaks by State: dol.gov/agencies/whd/state/meal-breaks 

Even if breaks aren’t legally required, offering them shows that your company values employee well-being, which is something that pays off in productivity, safety, and retention. For help with setting up your policy, understanding scheduling software to adjust to your state's break requirements, or getting tips in general, please contact your certified HR expert. 

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