Meal and Rest Break Laws by State (2026)
Federal law doesn't require breaks. Some states do. Here is what the rules say for adult, non-exempt, private-sector employees, with an official source for every state.
Updated October 2026. General information, not legal advice. Check your state's labor department.The federal floor
- No required breaks. Federal law does not require meal or rest breaks.
- Short breaks are paid. If you offer short breaks, usually 5 to 20 minutes, they count as hours worked. They also count toward overtime.
- Real meal periods can be unpaid. A bona fide meal period, ordinarily 30 minutes or more, is not work time. The employee must be completely relieved from duty. Eating at a desk or register while working doesn't count.
Sources: U.S. DOL, Breaks and Meal Periods; 29 CFR 785.19, Meal.
States that require breaks for adults
Most rules have exemptions, such as union contracts, small crews or certain jobs. Minors often have separate rules. Click a source for the details.
| State | Meal break | Rest break | Source |
|---|---|---|---|
| California | 30 min if working more than 5 hours (can be waived by mutual consent if the day is 6 hours or less). A second 30 min if working more than 10 hours (can be waived if 12 hours or less and the first wasn't waived). | Paid 10 min per 4 hours or major fraction. Not required if the day is under 3½ hours. | DOL meal DOL rest |
| Colorado | 30 min if a shift is more than 5 consecutive hours. If work prevents a full break, an on-duty meal period is paid. | Paid 10 min per 4 hours or major fraction. | DOL meal DOL rest |
| Connecticut | 30 min for 7½ or more consecutive hours, after the first 2 hours and before the last 2. | No general rule. | DOL meal |
| Delaware | 30 min for 7½ or more consecutive hours, after the first 2 hours and before the last 2. | No general rule. | DOL meal |
| Illinois | 20 min for a 7½-hour shift, starting no later than 5 hours in. Another 20 min for each additional 4½ continuous hours. | Reasonable restroom breaks. Hotel room attendants in Cook County get two paid 15-min breaks. | Illinois DOL DOL rest |
| Kentucky | Reasonable off-duty meal period, usually 30 min, between the 3rd and 5th hour. | Paid 10 min per 4-hour work period, on top of the meal period. | DOL meal DOL rest |
| Maine | 30 min after 6 consecutive hours. Exception for workplaces with fewer than 3 on duty who get frequent paid breaks. | No general rule. | DOL meal |
| Maryland | Retail only (50+ retail employees; not restaurants): 15 min for 4–6 hours, 30 min for more than 6 hours, plus 15 min for each extra 4 hours past 8. | No general rule. | DOL meal |
| Massachusetts | 30 min when working more than 6 hours, free of all duties and free to leave. | No general rule. | DOL meal |
| Minnesota | Since Jan. 1, 2026: 30 min when working 6 or more consecutive hours. | Since Jan. 1, 2026: at least 15 min (or enough to use the restroom, if longer) within each 4 consecutive hours. Breaks under 20 min are paid. | Minnesota DLI |
| Nebraska | 30 min off premises per 8-hour shift. Applies to assembly plants, workshops and mechanical establishments. | No general rule. | DOL meal |
| Nevada | 30 min for 8 continuous hours (employers of 2 or more). | Paid 10 min per 4 hours or major fraction. Not required if the day is under 3½ hours. | DOL meal DOL rest |
| New Hampshire | 30 min after 5 consecutive hours, unless the employee can eat while working and the employer allows it. | No general rule. | DOL meal |
| New York | 30 min midday for shifts over 6 hours that span the noonday meal. Extra 20 min between 5 and 7 p.m. for shifts from before 11 a.m. to after 7 p.m. Shifts over 6 hours starting between 1 p.m. and 6 a.m.: 45 min midway (1 hour in factories). | No general rule. | DOL meal |
| North Dakota | 30 min on shifts over 5 hours, if the employee wants it, when 2 or more are on duty. | No general rule. | DOL meal |
| Oregon | 30 min, fully relieved, for each work period of 6 to 8 hours, with timing windows. | Paid 10 min per 4 hours or major portion, separate from the meal period. | DOL meal DOL rest |
| Rhode Island | 20 min within a 6-hour shift; 30 min within an 8-hour shift. Exceptions for fewer than 3 on a shift and health care facilities. | No general rule. | DOL meal |
| Tennessee | 30 min for 6 or more scheduled consecutive hours, not in the first hour. Tipped food and drink staff may waive it in writing. | No general rule. | DOL meal |
| Vermont | "Reasonable opportunities" during work to eat and use the restroom. No set length. | DOL meal DOL rest | |
| Washington | 30 min if working more than 5 hours, between the 2nd and 5th hour. Another 30 min for 3+ hours past the normal workday. | Paid 10 min per 4 hours. No more than 3 hours without a rest break. | DOL meal DOL rest |
| West Virginia | 20 min for 6 or more hours, when employees don't get breaks or can't eat while working. | No general rule. | DOL meal |
Swipe the table sideways to see every column.
The DOL tables (meal periods, rest periods) were last revised January 1, 2023. Minnesota and Illinois rows use the state labor department's own page. States not listed have no general meal or rest break rule for adults in these sources, though local laws, minors' rules and lactation-break laws can still apply.
Georgia
Georgia has no general meal or rest break requirement for adult employees. It is not on either DOL table, so the federal floor applies: no required breaks, short breaks are paid, and fully relieved meal periods of 30 minutes or more can be unpaid.
How Teamagogo handles breaks
- Applies your state's break rules by default: paid or unpaid by break type, with the federal floor everywhere.
- California meal sign-off at clock-out.
- Meal waivers and meal premiums.
- Break reminders before a required break is due.
Updated October 2026. General information, not legal advice. Check your state's labor department.