Meal & Rest Break Laws by State – Employer Guide (2025)

Federal Break Rules: What Employers Are—and Aren’t—Required to Do

Under the Fair Labor Standards Act (FLSA), there’s no federal law that requires employers to give adult employees meal or rest breaks. In short: unless your state says otherwise, you don’t have to provide any breaks at all.

That said, if you do offer breaks, federal rules determine how they must be treated for pay purposes:

• Short breaks (5–20 minutes): Must be paid and counted as hours worked.
• Meal breaks (30+ minutes): Can be unpaid, but only if the employee is completely off duty.
• Extended or unauthorized breaks: Don’t have to be paid—if your policy clearly states this and you enforce it consistently.

Special Rule: Lactation Breaks for Nursing Employees

Under the PUMP for Nursing Mothers Act (in effect since late 2022), nearly all employers must give nursing employees:

• Reasonable break time to express breast milk, for up to one year after childbirth
• A private, non-bathroom space for pumping

These breaks don’t have to be paid, unless required by state law or company policy. Small businesses (fewer than 50 employees) may claim an exemption only if compliance would cause serious difficulty or expense.

Bottom line: federal law sets the floor. It doesn’t require breaks—but if you give them, you must follow specific pay rules. And for nursing employees, some break time is mandatory.

State Laws: Where Breaks Are Required

State break laws are all over the map. Some states require both meal and rest breaks. Others only mandate one. Many—like Texas, Florida, and Georgia—don’t require any breaks at all. In those cases, only federal rules apply.

Here’s how state break laws typically play out:

• Meal breaks: Often required after 5 to 7.5 hours of work. Usually unpaid, as long as the employee is off duty.
• Rest breaks: Typically 10–15 minutes for every 4 hours worked. These must be paid time.
• Minors: Most states require meal breaks after 4–5 hours for employees under 18—even when adults aren't entitled to one.

Break-friendly states include:

• California: 30-minute meal after 5 hours, plus paid 10-minute rest every 4 hours. Missing a break triggers penalty pay.
• Oregon: Break schedule scales with shift length—more hours = more meals and rest periods. Strict enforcement, especially in healthcare.
• Washington: Recent updates require hospitals to log missed breaks. Statewide: meal after 5 hours, rest every 4.

Recent legislative updates:

• Illinois (2023): Now requires a second 20-minute break for workdays over 12 hours.
• Vermont: Broad “reasonable opportunity” law covers meal/restroom needs—less strict, but still enforceable.

Bottom line: You can’t rely on federal law alone. Check state-specific requirements wherever you operate—or risk noncompliance penalties.

Special Break Rules for Minors, Healthcare Workers, and Union Employees

While most break laws apply to adult employees in typical industries, there are key exceptions. Special rules exist for minors, workers in healthcare or emergency services, and employees covered by union contracts.

Minors (Under 18)

Most states require meal breaks for minors—even if they don’t require them for adults. Common rules include:

• 30-minute break after 4 or 5 hours: Seen in states like Florida, Ohio, and New Jersey.
• Extra rest breaks: Utah mandates a 10-minute rest every 3 hours for minors.
• Longer shifts: Oklahoma requires both a 30-minute break at 5 hours and a 1-hour break for minors who work 8 hours.

Healthcare and Emergency Personnel

In hospitals and emergency response jobs, standard breaks may not always be practical. Many states allow flexibility:

• “On-duty” meals: States like Colorado allow paid, on-the-clock meal breaks when relief coverage isn’t available.
• Safety exemptions: Connecticut and Delaware waive break requirements when breaks would compromise public safety.
• Enforcement: Washington now requires hospitals to track and report missed breaks for nurses and frontline staff. Noncompliance can lead to penalties starting in 2026.

Unionized Workplaces

Employees covered by a collective bargaining agreement (CBA) may follow a different break schedule than state law requires—if the contract spells it out. Examples:

• California: Unionized workers in construction, trucking, and security can have alternative break rules, as long as their CBA includes specific terms on breaks and overtime.
• Delaware & Connecticut: Both allow union agreements to override standard meal break requirements.
• Illinois: Updated law still respects union-negotiated alternatives, as long as they meet or exceed the break protection standard.

Rules can vary a lot depending on who your employees are and what kind of work they do. Always check for carve-outs that apply to minors, unionized teams, or roles in healthcare and emergency services. These groups often have stricter—or more flexible—break requirements than the general workforce.

Compliance Tips for Employers

If you're managing schedules or processing payroll, break compliance is one area you can't afford to overlook. Missed breaks can trigger lawsuits, penalties, or owed back pay—especially in strict states like California or Oregon.

• Know your state laws: Don't assume federal standards are enough. Many states have their own break rules with real teeth.
• Use scheduling software: Automating break timing helps ensure compliance and reduces human error.
• Track break time accurately: If breaks are paid, log them like any other work time. If unpaid, ensure they're duty-free and documented — tools like TimeClick’s free time card calculator can help you track hours correctly.
• Post your policy: Some states require visible break policy postings. Even if it’s not required, transparency helps reduce disputes.