Break Laws by State: Meal & Rest Breaks Explained
Federal law does not require rest or meal breaks for adults, but many states do. A state-by-state summary of meal periods and paid rest-break rules.
The FLSA does not require employers to give adult workers any breaks. But it does say that short breaks of 20 minutes or less must be paid, while a bona fide meal period of 30 minutes or more need not be paid — as long as the employee is fully relieved of duty. Many states go further and actually require breaks.
States that require meal breaks
California, New York, Oregon, Washington, Illinois, Colorado, and many other states require a meal period (usually 30 minutes, unpaid) for shifts over a certain length — commonly 5 or 6 hours. California also requires a second meal period for shifts over 10 hours. Missing the break can trigger premium pay obligations equal to one hour of additional wages per missed break.
States that require paid rest breaks
California, Washington, Colorado, and a handful of other states require paid rest breaks of at least 10 minutes for every 4 hours worked. These breaks must be uninterrupted and cannot be combined with the meal period. Federal law has no equivalent requirement.
What happens if breaks are missed
In states that mandate breaks, failing to provide them creates a wage claim. In California, the penalty is one additional hour of pay at the employee's regular rate for each missed rest break and each missed meal break, per day. In Washington and Colorado similar penalty structures exist.