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State Meal & Rest Break Requirements

Overview

Under the Fair Labor Standards Act (FLSA), bona fide meal periods (typically 30 minutes or more) generally need not be compensated as work time. A non-exempt employee must be completely relieved from duty during this period. If the employee must perform any duties, whether active or inactive, while eating, the meal period counts as hours worked and must be paid.

Rest periods of short duration, usually 20 minutes or less, must be counted as hours worked.

The chart below summarizes state laws that provide additional meal period or rest break protections to adult non-exempt employees.

State

Requirements

Alabama

Alabama has no state law regulating meal periods or rest breaks.

Alaska

Meal Periods. If an employer allows meal periods, the employer is not required to pay for the meal period provided that:

  • it lasts more than 20 minutes, and
  • the employee does not work during that time.

Rest Breaks. If an employer allows breaks lasting less than 20 minutes, the employee must be paid for the break.

Arizona

Arizona has no state law regulating meal periods or rest breaks.

Arkansas

Meal Periods. If employers offer unpaid meal periods, the employee must:

  • be completely relieved from duty (permission to leave the employer’’s premises is not required), and
  • have at least 30 minutes to eat regular meals (less time may be sufficient under special conditions).

Rest Breaks.  Rest breaks of short duration, running from five minutes to about 20 minutes, must be counted as hours worked. Compensable time of rest breaks may not be offset against other working time such as compensable waiting time and on-call time.

California

Meal Periods. Generally, employees may take an unpaid meal period of at least 30 minutes for work periods of more than 5 hours. The meal period may be waived by mutual consent if the workday is completed in no more than 6 hours.

Employees may take a second meal period of at least 30 minutes for more than 10-hour work periods. The second meal period may be waived by mutual agreement if:

  • the total hours worked is not more than 12 hours, and
  • the first meal period was not waived.

During meal periods, employers must relieve employees of all duties, relinquish control over employees’ activities, and permit employees a reasonable opportunity to take an uninterrupted 30-minute break.

Meal periods must be paid if the employer requires an employee to remain at the worksite.

Employees in certain industries are exempt from the meal period requirements if they are covered by a valid collective bargaining agreement that provides specified meal period or rest break protections.

Rest Breaks. Rest break requirements are based on the total hours worked daily.  Employees must be allowed a break of at least 10 minutes for each work period greater than two hours.  Employees may take rest breaks as follows:

  • One 10-minute break for shifts from 3.5 to 6 hours (no rest period is required for employees working less than 3.5 hours in a day)
  • Two 10-minute breaks for shifts from 6 to 10 hours
  • Three 10-minute breaks for shifts from 10 to 14 hours

Rest periods should occur in the middle of a work period, to the extent possible, and must be paid.

10 minutes means 10 consecutive minutes that begin when the employee reaches the worksite rest area. Employers must provide suitable resting facilities in an area separate from the restrooms.

Certain occupations have different or additional rest period requirements.

Employers must pay employees one additional hour of pay for each workday a required meal, rest, or recovery period is not provided.

Colorado

Meal Periods. Generally, employees may take an unpaid meal period of at least 30 minutes for every scheduled shift of more than 5 hours.  To the extent practical, the timing of meal periods must not be in the first or last hour of a shift.

To qualify as unpaid, non-working time, a meal period must be an uninterrupted, duty-free 30-minute period when employees are completely relieved of all duties and can pursue personal activities.  The Colorado DLE takes the position that unpaid meal periods also require that employees can leave the worksite.

Rest Breaks.  Employees may take a paid 10-minute rest break as follows:

  • One rest period for more than 2 and up to 6 hours of work
  • Two rest periods for more than 6 and up to 10 hours
  • Three rest periods for more than 10 and up to 14 hours
  • Four, five, or six rest periods for work periods of 14 to 18, 18 to 22, or more than 22 hours.

Employees may decline to take a rest break and choose to continue working but must do so voluntarily and without their employer’’s coercion.

Special rest break rules apply to:

  • Most agricultural employers
  • Employers with a collective bargaining agreement that requires different rest period allocations
  • Medicaid-funded residential in-home services

Connecticut

Meal Periods. Employees must be permitted to take an unpaid meal period of at least 30 minutes after the first 2 hours but before the last 2 hours of work when working 7.5 hours or more.

Exceptions include:

  • employers that provide at least 30 minutes total of paid rest or meal periods during each 7.5-hour work period
  • written employer-employee agreements (including collective bargaining agreements) setting different meal period schedules
  • Circumstances where:
    • compliance is adverse to public safety;
    • only one employee can perform the duties of the position;
    • fewer than five employees work on a shift at a single place of business (the exemption applies only to the employees on that shift); or
    • the employer’s operations require employees to be available to respond to urgent or unusual conditions at all times (for example, chemical production or research experiments), and the employees are paid for the meal period.

Rest Breaks.  Connecticut has no state law regulating rest breaks.

Delaware

Meal Periods. Employees must be permitted to take an unpaid meal break of at least 30 minutes after the first 2 hours and before the last 2 hours of work when working 7.5 hours or more. 

Employers that operate consecutive, non-overlapping shifts may provide paid meal breaks of at least 20 minutes.

Exemptions from the meal period requirement include:

  • a collective bargaining agreement or other written employment agreement provides otherwise
  • Circumstances where:
    • compliance is adverse to public safety;
    • only one employee can perform the duties of the position;
    • less than five employees work on a shift at a single place of business (the exemption applies only to the employees on that shift); or
    • the employer’’s operations require employees to be available to respond to urgent or unusual conditions at all times (for example, chemical production, research experiments, and health care services)
    • the employer operates consecutive, non-overlapping shifts and provide a paid meal break of at least 20 minutes

If an exemption applies, employees must be:

  • paid for time spent eating at their workstations and using the restroom
  • allowed to eat meals at their workstations or other authorized locations
  • allowed to use the restroom as often as reasonably necessary

Rest Breaks.  Delaware has no state law regulating rest breaks.

Florida

Florida has no state law regulating meal periods or rest breaks.

Georgia

Georgia has no state law regulating meal periods or rest breaks.

Hawaii

Hawaii has no state law requirement rest or meal breaks.

Meal Breaks. If an employer provides a meal break, the period is not compensable if:

  • It is 30 minutes or more.
  • The employee is completely relieved of duty.


Rest Breaks.

Rest breaks of 5 to 20 minutes are compensable as hours worked.

Idaho

Idaho has no state law regulating meal periods or rest breaks.

Illinois

Meal Periods. Employees working 7.5 hours, or more, must be permitted to take a meal period of at least 20 minutes, beginning no later than 5 hours after starting work. Meal periods must be paid only if the time is spent predominantly for the employer’’s benefit rather than for the employee. Employees working more than 7.5 continuous hours must be permitted another 20-minute meal period for every 4.5 hours worked after the initial 7.5 hours worked.

Exceptions from this requirement include:

  • employees whose meal periods established by a collective bargaining agreement
  • employees who must be on call during an entire 8-hour work period because they either:
    • monitor people with developmental disabilities or mental illness, or both; or
    • work for a licensed EMS company and are not local government employees
    • These employees must be allowed to eat a meal during the 8-hour period when on call.

Rest Breaks.  Illinois has no state law regulating rest breaks.

Indiana

Indiana has no state law regulating meal periods or rest breaks.

Iowa

Iowa has no state law requiring meal periods or rest breaks.

Breaks are not compensable if employees are completely relieved of their duties. Employers can require employees to stay on the premises during a break.

All employees must be allowed restroom breaks when needed.

Kansas

Kansas has no state law requiring meal periods or rest breaks.

 Meal Periods.

 Meal periods of at least 30 minutes can be unpaid if the employee is:

  • advised in advance that the time is unpaid; and
  • not required to perform any services during that time.

Rest Breaks.  Break periods of less than 30 minutes are generally treated as hours worked.

Kentucky

Meal Periods. Employees must be provided with a meal period of reasonable length (ordinarily at least 30 minutes) and occurring as close to the middle of their scheduled shift as possible, but not less than 3 or more than 5 hours after their shift begins. Employees must be completely relieved from their duties, whether active or inactive, but may be required to stay on the premises during the meal period.

Exceptions: Employees whose meal periods are governed by a collective bargaining agreement or mutual agreement between the employee and employer.

Rest Breaks.  Employees must be provided a paid 10-minute rest period during each 4 hours of work. Rest periods of 5 to ““about”“ 20 minutes are compensable working time and may not be offset against other working time, such as waiting or on-call time. Rest periods are in addition to regularly scheduled meal periods.

Exceptions: Employees whose rest breaks are governed by a collective bargaining agreement that provides for a total number of minutes that are equal to or exceed ten (10) minutes accrued for each four (4) hours of work

Louisiana

Louisiana has no state law regulating meal periods or rest breaks.

Maine

Under Maine law, meal periods and rest breaks are covered by the same rules.  Employees may not be required to work more than 6 hours without a break of at least 30 minutes, except in cases of emergency in which there is danger to property, life, public safety or public health. An employee, if offered a 30-minute rest period by their employer, may waive their right to a rest break.

This rest time may be used by the employee as unpaid mealtime only if the employee is completely relieved of duty.

Exceptions:

  • employees covered by a collective bargaining agreement or other written employer-employee agreement providing otherwise
  • employees at worksites where fewer than 3 employees are on duty at one time and the nature of the work allows for frequent shorter breaks during the workday

Maryland

Under Maryland law, meal periods and rest breaks are covered by the same rules. 

The state has no generally applicable state law requiring meal periods or rest breaks.  Breaks are required for certain retail workers (see below).

If employers choose to provide meal periods, the time is compensable if employees must perform any duties during the break. 

Maryland’s Department of Labor, Licensing & Regulation takes the view that employers choosing to provide breaks are not required to pay employees for breaks longer than 20 minutes if employees:

  • are free to leave the premises (or workstation if leaving the workplace is physically impractical);
  • actually take their break; and
  • do not perform any work.

The third requirement is not satisfied if employees are told their pay will be reduced by 30 minutes each day for lunch but have a reasonable understanding that they must work or be available to work during their break.

Retail establishments with at least 50 retail employees (as defined by the statute) must provide:

  • a 15-minute nonworking break for employees working 4 to 6 hours or, for employees working more than 6 hours, a 30-minute nonworking break. If an employee does not work more than 6 hours, the employer and employee can agree in writing to waive the 15-minute break.
  • an additional nonworking break of at least 15 minutes for every 4 additional hours, if an employee works 8 hours.

Exceptions include employees:

  • subject to collective bargaining agreements or employment policies that provide the same or longer breaks.
  • exempt from the FLSA’s overtime pay requirements.
  • working in a corporate or other office location.
  • working at least 4 hours at a single location with 5 or less employees.

The breaks may be treated as working breaks if the employer and employee mutually agree in writing and either:

  • the type of work prevents an employee from being relieved of work during the break.

the employee can eat a meal while working and the break is counted towards the employee’s work hours.

Massachusetts

Meal Breaks.  Employers cannot require workers to work more than 6 hours without a break of at least 30 minutes. This break may be unpaid. Employers may require workers to take their meal breaks.

The meal break is the worker’’s free time and a worker must be free of all duties and free to leave the workplace. If a worker agrees to work or stay at the workplace during the meal break at the request of the employer, the worker must be paid for that time.

The attorney general can make exceptions, including for factories with continuous processes and employees covered by a collective bargaining agreement.

Rest Breaks.  Massachusetts has no state law requiring rest breaks.  However, breaks of 20 minutes or less must be paid.

Michigan

Michigan has no state law regulating meal periods or rest breaks.

Minnesota

Meal Breaks. Employees working 8 or more hours must be given enough time to eat a meal (typically at least 30 minutes, though a shorter period may be adequate under special conditions). The meal period may be unpaid if the employee is completely relieved of all duties for at least 20 minutes (though it is not necessary that employees be free to leave the premises).

Rest Periods. Employees must be permitted adequate time within each 4 hour period to use the nearest convenient restroom. Any rest break of less than 20 minutes must be paid.

Mississippi

Mississippi has no state law regulating meal periods or rest breaks.

Missouri

Missouri has no state law regulating meal periods or rest breaks.

Montana

Meal breaks.  Meal breaks are not expressly required.  However, any meal breaks provided must be paid unless:

  • the employee is completely relieved from all duties, both active and inactive during the break (though the employer may require the employee to say on the premises); andthe break is sufficiently long (typically at least 30 minutes, although though a shorter period may be adequate under special conditions).

Rest Breaks.  Short rest breaks (typically 5 to “about” 20 minutes) are compensable working time.

Nebraska

Employees working in any of the following are entitled to a meal period of at least 30 minutes for each 8-hour shift:

  • Assembly plants
  • Workshops
  • Mechanical establishments


Employers cannot require those employees to remain in buildings or on the premises during their break.

Nevada

Meal Periods.  Employees must be provided an unpaid meal period of at least 30 minutes for each 8-hour work period.

Rest Breaks.  Employees must be provided a 10-minute, paid rest break, which must be taken in the middle of each work period to the extent practicable, for each 4 hours or major fraction thereof worked, as follows:

  • one 10-minute rest breaks if the employee works at least 3.5 hours;
  • two 10-minute rest breaks if the employee works at least 7 and less than 11 hours;
  • three 10-minute rest periods if the employee works at least 11 and less than 15 hours; and
  • four 10-minute rest periods if the employee works at least 15 and less than 19 hours.

Exceptions: These meal and rest break requirements do not apply:

  • when only one person is employed at a place of employment,
  • to employees subject to a collective bargaining agreement
  • the employer can demonstrate that the employee has voluntarily agreed to waive their rest or meal period, or

if the state labor commissioner has exempted the employer because the employer has demonstrated that business necessity precludes providing such benefits

New Hampshire

Employees working more than 5 hours must be provided a 30-minute meal period unless it is feasible for employees to eat while working and the employer allows them to do so. If an employee works while eating, the meal period must be paid.

New Jersey

New Jersey has no state law requiring meal periods or rest breaks. 

All time that the employee is required to stay on the employer’s premises or to work during a meal period or rest break must be paid.

New Mexico

New Mexico has no state law requiring meal periods or rest breaks. 

Any employee rest or meal break that lasts less than 30 minutes must be paid.

New York

Meal Periods. Employees must be provided meal periods as follows:

Non-Factory Employees must receive:

  • a 30-minute lunch break between 11:00 a.m. and 2:00 p.m. for shifts of more than six hours that extend over that period, and
  • a 45-minute meal break at the time midway between the beginning and end of the shift for all shifts of more than six hours starting between 1:00 p.m. and 6:00 a.m.

Factory Employees must receive:

  • a 60-minute lunch break between 11:00 a.m. and 2:00 p.m., and
  • a 60-minute meal break at the time midway between the beginning and end of the shift for all shifts of more than six hours starting between 1:00 p.m. and 6:00 a.m. and lasting more than six hours.

All employees must receive an additional 20-minute meal break between 5:00 p.m. and 7:00 p.m. for workdays that extend from before 11:00 a.m. to after 7:00 p.m.

The NYSDOL takes the view that where only one employee is on duty or there is only one person in a specific occupation, the employee may voluntarily consent to eating their meal without being relieved from duty. However, employers must allow an uninterrupted meal period for every employee requesting it.

Rest Breaks.  New York has no state law regulating rest breaks.

North Carolina

North Carolina has no state law requiring meal periods or rest breaks. 

Breaks of 30 minutes or more may be unpaid if employees are completely relieved of their duties.

Employers are not required to allow employees to leave the premises.

Employers are not required to provide a breakroom.

North Dakota

Meal Periods.  When at least two employees are on duty, employees working more than 5 hours are entitled to a meal period of at least 30 minutes. Employees may agree to waive the meal period.

Meal periods may be unpaid if:

  • Employees are completely relieved of their duties.
  • The meal period is ordinarily 30 minutes long. (North Dakota Department of Labor guidance provides that the meal period must be “at least” 30 minutes long, rather than “ordinarily.”)

Collective bargaining agreement meal period provisions control.

Rest Breaks.  North Dakota has no state law requiring rest breaks.  Rest breaks must be paid if offered.

Ohio

Ohio has no state law regulating meal periods or rest breaks.

Oklahoma

Oklahoma has no state law regulating meal periods or rest breaks.

Oregon

Meal Periods.  Employees working 6 to 8 hours are entitled to a meal period of at least 30 minutes, during which they are relieved of all duties, as follows:

  • If employees are not relieved of all duties for 30 continuous minutes, employers must pay them for the entire 30-minute meal period.
  • For work periods of 7 hours or less, the meal period must be taken between the end of the second and beginning of the fifth hour of work.
  • For work periods of more than 7 hours, the meal period must be taken between the end of the third and beginning of the sixth hour of work.

Employees working:

  • Less than 6 hours are not entitled to a meal period.
  • At least 6 hours but less than 14 hours are entitled to 1 meal period.
  • At least 14 but less than 22 hours are entitled to 2 meal periods.
  • At least 22 hours are entitled to 3 meal periods.

Meal periods do not count as part of a work period to determine the number of meal periods required unless the employee is not completely relieved of their duties.

Exceptions include:

  • Employer-demonstrated undue hardship (as defined by the regulations). Employers that make the required showing must instead:
    • provide adequate paid time for employees to rest, eat a meal, and use the restroom; and;
    • provide affected employees, in advance, the notice prescribed by the Oregon Bureau of Labor and Industries (BOLI) (see Oregon BOLI: Notice to Employees Regarding Meal and Rest Periods) and keep a copy of the notice for at least 6 months after an employee’s termination.
  • Industry practice or custom of providing a paid meal period of less than 30 minutes (but not less than 20 minutes) when employees are relieved of all duty.
  • Unforeseeable equipment failures, acts of nature, or other exceptional and unanticipated circumstances that rarely and temporarily prevent the required meal period.
  • Collective bargaining agreements that specifically provide for meal periods.
  • Industry or occupation exceptions (see below).

Employers are not required to allow employees to leave the premises during their meal periods.

Employers must require employees to take all mandated meal and rest breaks, not simply offer employees the opportunity to do so. Employers may discipline employees for refusing to take required breaks.

Rest Breaks.  Employers must provide paid rest breaks of at least 10 minutes for every 4-hour work period or major part thereof (more than 2 hours), as follows:

  • Employees must be relieved of all duties for at least 10 continuous minutes.
  • Breaks must be taken at approximately the middle of each 4-hour segment of working time (to the extent permitted by the nature of the work).

Breaks may not be:

  • added to the meal period to make the meal period longer;
  • deducted from the beginning or end of the workday to shorten the employee’s shift; or
  • treated as working time to make up missed time (late arrivals, for example).

Employers have the burden of showing that they provided the required rest breaks.

Rest breaks are earned as follows:

  • employees working 2 hours or less are not entitled to a rest break;
  • employees working more than 2 hours but not more than 6 hours are entitled to one 10-minute rest break;
  • employees working more than 6 but not more than 10 hours are entitled to two 10-minute rest breaks;
  • employees working more than 10 but not more than 14 hours are entitled to three 10-minute rest breaks;
  • employees working more than 14 but not more than 18 hours are entitled to four 10-minute rest breaks;
  • employees working more than 18 but not more than 22 hours are entitled to five 10-minute rest breaks; and
  • employees working more than 22 hours are entitled to six 10-minute rest breaks.

Meal periods do not count as part of a work period to determine the number of rest breaks required unless the employee is not completely relieved of their duties.

Exceptions exist for collective bargaining agreements that specifically provide for rest breaks. Industry or occupation exceptions may also apply (see below).

Employers are not required to allow employees to leave the premises during rest breaks.

Employers must require employees to take all mandated meal and rest breaks, not simply offer employees the opportunity to do so. Employers may discipline employees for refusing to take required breaks.

Rest Break Exceptions:

  • Retail or Service Employees
    • An employee is not entitled to a rest break if the employee:
      • is at least 18;
      • works less than 5 hours in any 16-hour period;
      • works alone; and
      • can leave their assigned station to use the restroom.

Tipped Food or Beverage Service Employees

An employee serving food or beverages, receiving tips, and reporting tips to their employer may waive a meal period if the employee:

  • is at least 18;
  • voluntarily requests to waive the meal period;
  • requests the waiver in a writing that is:
    • in the language used by the employer to communicate with the employee;
    • on a form; and
    • signed and dated by the employee and employer.

Employees waiving the meal period must:

  • have a reasonable opportunity to eat while working during any work period of at least 6 hours
  • be paid for all meal periods during which they are not completely relieved of all duties
  • not be coerced (as defined by the regulations) to waive the meal period
  • receive a 30-minute duty-free meal period if working more than 8 hours

Employers must:

  • keep accurate records of hours worked by each employee, clearly showing whether the employee has received the meal period.
  • keep a copy of the employee’s request to waive the meal period for at least 6 months after the employee’s termination.
  • post the Meal Waiver Notice.

Either party may revoke the agreement by providing at least 7 calendar days’ written notice to the other. Employees may request a meal period without revoking the agreement to waive meal periods by submitting a written request to the employer at least 24 hours before the meal period requested.

Pennsylvania

Pennsylvania has no state law requiring meal periods or regulating rest breaks.

Meal Periods.  Time allowed for meals is excluded from working time unless the employee must or is permitted to work during that time.

Unpaid meal periods must be duty-free and longer than 20 minutes.

Rhode Island

Meal Periods.  Employees must receive:

 

  • a 20-minute unpaid meal period within any 6-hour shift, or
  • a 30-minute unpaid meal period within any 8-hour shift

 

Exceptions:  These requirements do not apply when there are fewer than three employees working at the workplace during the shift or to licensed health care facilities.

 

Rest Breaks.  Rhode Island has no state law regulating rest breaks.

South Carolina

South Carolina has no state law regulating meal periods or rest breaks.

South Dakota

South Dakota has no state law regulating meals periods or rest breaks.

Tennessee

Under Tennessee law, meal periods and rest breaks are covered by the same rules.

 

Employees scheduled to work 6 consecutive hours must receive an unpaid 30-minute meal period or rest break, which must occur after the first hour of work.

 

Exception:  This requirement does not apply to workplaces where the nature of work provides ample opportunity to rest or take appropriate breaks, such as security guards. Additionally, restaurant industry employees may waive meal breaks under certain circumstances.

Texas

Texas has no state law regulating meal periods or rest breaks.

Utah

Utah has no state law requiring meal periods or rest breaks. 

Any meal period or rest break that lasts less than 30 minutes or during which the employee is not relieved of all responsibilities must be paid.

Vermont

Under Vermont law, meal periods and rest breaks are covered by the same rules.

Employers must provide employees with reasonable opportunities during work periods to eat and use the restroom.

Virginia

Virginia has no state law regulating meal periods or rest breaks.

Washington

Meal Periods.

Employees who work more than 5 hours are entitled to a 30-minute meal period no less than 2 hours and no more than 5 hours after the start of the employee’s normal workday. An additional 30-minute meal period must be given within 5 hours from the end of the first meal period and for each 5 hours worked thereafter as part of the employee’s normal workday.

Employees who work at least 3 hours longer than their normal workday are entitled to at least one 30-minute meal period before or during the overtime period.

Meal periods must be paid if either:

  • they are less than 30 minutes, or
  • employees are:
    • required or allowed to remain on duty;
    • required to be on-call at the premises and available to return to duty, regardless of whether they are called back to duty.

Employers may require employees to remain on the premises during unpaid meal periods if employees are completely relieved of their duties for the entirety of the period.

If employees are required to remain on the premises and act in the interest of the employer, the employer must make every effort to provide employees with an uninterrupted meal period. If the meal period is interrupted, then after the task is completed, the meal period must be continued until the employee has received a total of 30 minutes of meal time, not including the time spent performing the task. Additionally, the entire meal period must be paid, regardless of the number of interruptions.

Rest Breaks. Employees are entitled to a paid rest break of at least 10 minutes for each 4 hours of working time. Rest breakss should be taken as near as possible to the midpoint of the work period, but no later than the end of the third hour of work.

Where the nature of the work allows employees to take intermittent rest breaks equivalent to 10 minutes for each 4 hours worked, scheduled rest breakss are not required.

During rest periods, employers may require employees to remain:

  • on the premises;

in on-call status (but if called to duty, employees must receive the remainder of the 10-minute break during that 4-hour work period).

West Virginia

Meal Periods.  Employees working at least 6 hours are entitled to a meal break of at least 20 minutes, at times reasonably designated by the employer. No additional breaks are required, regardless of the total hours worked over six. The meal break requirement does not apply where employees are otherwise afforded necessary breaks or are permitted to eat while working.

Meal breaks of 30 minutes or more may be treated as non-working time

Rest Breaks.  West Virginia has no state law requiring rest breaks.  Rest breaks of 20 minutes or less must be treated as compensable time.

Wisconsin

Wisconsin has no state law requiring meal periods or rest breaks.

Meal Periods.  Wisconsin regulations recommend that employers provide meal periods of at least 30 minutes reasonably close to the usual mealtime (6:00 a.m., 12:00 noon, 6:00 p.m., or 12:00 midnight) or near the middle of a shift. Employers should avoid scheduling shifts of more than 6 hours without a meal period.

On-duty meal periods are counted as work time and must be paid. On-duty meal periods are breaks where employees either:

  • do not have at least 30 minutes free from work.
  • are not free to leave the premises.

Bona fide meal periods of 30 minutes or more are not work time if both:

  • employees are completely relieved from duty to eat a regular meal. Employees are not relieved if they must perform any duties, whether active or inactive, while eating; and
  • the meal period is sufficiently long (ordinarily at least 30 minutes).


Rest Breaks.  Rest periods of less than 30 minutes must be counted as working time.

Wyoming

Wyoming has no state law regulating meal periods or rest breaks.

Washington, D.C.

Washington D.C. has no law requiring meal periods or rest breaks.

Breaks of up to 20 minutes must be paid.

Puerto Rico

Meal Periods.  Non-exempt employees working at least 5 consecutive hours must be given a meal break which must occur between the fourth and sixth hours of work.

If an employee is required or permitted to work during the meal period, or if the period occurs outside of the time window above, the employee is entitled to payment for the meal period, at time and a half the rate for regular hours.

A meal period must be for one (1) hour unless the employer and the employee mutually agree to reduce it. A reduction of the meal period must be for the mutual benefit of the employer and the employee and agreed in writing. A reduced meal period cannot be for less than thirty (30) minutes, except for some occupations.

Employees who work for more than 10 hours in a day are entitled to a second meal period, except an employee who works 12 or fewer hours in the day may waive the second meal period.

The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.