Break Time Laws by State: Your Complete Meal & Rest Break Guide for 2026

Quick Answer: Does My State Require a Lunch Break?

Federal law does not require employers to give you a lunch break. The FLSA has no meal or rest break mandate. But roughly 21 states require meal breaks for adult employees, and about 9 states require paid rest breaks.

If your employer does offer short breaks (5 to 20 minutes), those must be paid under federal law. Meal breaks of 30 minutes or longer can be unpaid, but only if you are completely relieved of all duties during that time.

What actually decides your rights is your state's law. Whether you get a break, how long it lasts, and what happens if it's denied all come down to where you work.

Does Federal Law Require Breaks?

No. The Fair Labor Standards Act (FLSA) does not require employers to provide meal breaks or rest breaks to adult workers. There is no federal lunch break law.

Most people don't realize this. If you've ever Googled "does my state require a lunch break," you've probably seen articles that open with this same point. The federal government covers minimum wage and overtime but leaves break requirements to the states entirely.

What federal law does say about breaks

The FLSA doesn't mandate breaks, but it does set rules for when breaks are offered:

• Short breaks (5 to 20 minutes) must be paid. If your employer gives you a 10- or 15-minute break, that time counts as hours worked. They can't deduct it from your pay.
• Meal breaks (30+ minutes) can be unpaid. But only if you are completely relieved of all duties. If you have to monitor a phone, watch a front desk, or stay on-site and available, the break is not truly duty-free and must be paid.
• Break time for nursing mothers. The PUMP for Nursing Mothers Act requires employers to provide reasonable break time and a private space (not a bathroom) for nursing employees to express milk for up to one year after a child's birth.

Why state law is what matters

With no federal floor for breaks, your state legislature decides whether you get one. Some states have strict rules with penalty pay for violations. Others have nothing at all. If you work in Texas, your employer isn't legally required to give you a lunch break. In California, they are, and they owe you an hour of extra pay if they don't.

So your state's specific law matters far more than any general answer about FLSA break requirements.

Meal Break Laws by State (2026)

Roughly 21 states require meal breaks for adult employees in the private sector. The specifics (how long, when, paid or unpaid) vary. Here's where meal break laws stand in 2026, state by state.

States with mandatory meal breaks for adults

These states require employers to provide a meal period to non-exempt adult employees. The trigger is typically a shift of 5 or 6 hours or more.

• California: 30-minute meal break when you work more than 5 hours. A second 30-minute meal break when you work more than 10 hours. Can be waived by mutual consent if shift is 6 hours or less.
• Colorado: 30-minute meal break when you work 5+ consecutive hours. Must be provided between the end of the 3rd and the start of the 6th hour.
• Connecticut: 30-minute meal break after 7.5 consecutive hours of work.
• Delaware: 30-minute meal break after 7.5 consecutive hours for shifts of 7.5+ hours.
• Illinois: 20-minute meal break no later than 5 hours after the start of work for shifts of 7.5+ hours.
• Kentucky: Reasonable meal break of not less than 20 minutes between the 3rd and 5th hours of work.
• Maine: 30-minute rest break after 6 consecutive hours, unless the employee can take frequent breaks during the shift.
• Maryland: Retail employees get a 15-minute break per 4-6 hour shift and a 30-minute break for 6+ hour shifts.
• Massachusetts: 30-minute meal break when you work 6+ hours.
• Minnesota (new 2026): 30-minute meal break for 6+ consecutive hours of work. Employees can waive in writing. Effective January 1, 2026.
• Nebraska: 30-minute meal break for shifts of 8+ hours in assembly plant, mechanical, or workshop establishments.
• Nevada: 30-minute meal break when you work 8 continuous hours.
• New Hampshire: 30-minute meal break after 5 consecutive hours unless the employee can eat while working and is paid for that time.
• New York: 30-minute lunch break between 11 AM and 2 PM for shifts of 6+ hours spanning that period. Additional rules for shifts before 11 AM and after 7 PM.
• North Dakota: 30-minute meal break when you work 5+ consecutive hours, unless staffing makes it impractical and the employee is paid for the break.
• Oregon: 30-minute meal break for shifts of 6 to 8 hours. Additional meal break for shifts over 14 hours.
• Rhode Island: 20-minute meal break within a 6-hour shift, 30-minute break within an 8-hour shift.
• Tennessee: 30-minute meal break for shifts of 6+ consecutive hours.
• Vermont: Employees must be given "reasonable opportunities" to eat and use restrooms during work.
• Washington: 30-minute meal break when you work 5+ hours. Must be no less than 2 hours and no more than 5 hours from the start of the shift.
• West Virginia: 20-minute meal break when you work 6+ consecutive hours.

States with no meal break requirement for adults

These states have no law requiring employers to provide a meal break to adult employees in general private-sector jobs:

Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Louisiana, Michigan, Mississippi, Missouri, Montana, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Virginia, Wisconsin, Wyoming.

If you work in one of these states, your employer may still offer breaks as a company policy, but there's no legal obligation.

States with breaks only for minors or specific industries

A few states (like Michigan and Pennsylvania) don't mandate breaks for adults but do require them for workers under 18. Others have industry-specific rules for healthcare or manufacturing. Check your state's Department of Labor website for details that may apply to your situation.

2026 change: Minnesota's new meal break law

Minnesota's new break law took effect January 1, 2026. Before this, Minnesota had limited break protections. Now, employers must provide a 30-minute meal break for any shift of 6 or more consecutive hours. Employees can waive the break in writing, but the employer can't pressure them to do so.

Which state's law applies if you work remotely?

The break laws of the state where you physically perform the work apply, not the state where your employer is headquartered. If you live in California and work from home for a Texas-based company, California's break laws protect you. If you travel between states for work, the law of each state applies while you're working there.

Rest Break Laws by State

Rest breaks are shorter (typically 10 to 15 minutes), usually paid, and separate from meal breaks. Fewer states require them, but the ones that do enforce them seriously.

Paid rest breaks vs. unpaid meal breaks

People mix these up all the time. Here's how they differ:

• Rest breaks are short (10 to 20 minutes), always paid, and meant for you to recharge during a shift.
• Meal breaks are longer (typically 30 minutes), often unpaid, and meant for you to eat a full meal.

Under federal law, any break under 20 minutes must be paid regardless of what your state requires. Even if your state doesn't mandate rest breaks, your employer can't dock your pay for a 15-minute break they choose to offer.

States that require paid rest breaks

• California: 10-minute paid rest break per 4 hours worked (or major fraction thereof). If you work 3.5 to 7.5 hours, you get one break. Work 7.5+ hours, you get two.
• Colorado: 10-minute paid rest break per 4 hours of work.
• Kentucky: 10-minute paid rest break per 4 hours worked.
• Minnesota (new 2026): 15-minute paid rest break per 4 consecutive hours of work. No other state requires this much paid rest break time. Employees can waive in writing.
• Nevada: 10-minute paid rest break per 4 hours of work.
• Oregon: 10-minute paid rest break per 4 hours of work. Must be taken roughly in the middle of each work segment.
• Washington: 10-minute paid rest break per 4 hours of work. Must be allowed no later than the end of the third hour of the work period.

The federal rule you should remember

Even if your state isn't on this list, there's a clear federal answer to the 15-minute break law question: any break your employer offers that lasts under 20 minutes is paid time. They can't make you clock out for a 10-minute or 15-minute break. If your employer does deduct short breaks from your pay, that's a wage violation you can report.

States with the Strictest Break Laws

Some states go well beyond a basic break requirement. If you work in one of these states, your protections are among the strongest in the country.

California

California has the most detailed and most enforced break laws in the country.

• Meal breaks: 30 minutes after 5 hours. Second 30-minute meal after 10 hours.
• Rest breaks: 10-minute paid rest per 4 hours worked.
• Penalty pay: If your employer fails to provide a compliant meal break, you're owed one hour of premium pay at your regular rate. Same for a missed rest break. That's up to two extra hours of pay per day for violations of both.
• Statute of limitations: You have 3 years to file a claim for unpaid break premiums with the California Division of Labor Standards Enforcement.
• Enforcement: California's break law is the most litigated in the country. Chili's paid $56 million in one of the larger break-violation settlements.

Washington

Washington requires both meal and rest breaks and is adding new enforcement rules for healthcare workers in 2026.

• Meal breaks: 30 minutes for 5+ hours of work.
• Rest breaks: 10-minute paid rest per 4 hours.
• Healthcare reporting (July 2026): Starting July 2026, Washington hospitals must report missed breaks quarterly. Hospitals where more than 20% of breaks are missed face fines of $5,000 to $20,000.

Oregon

• Meal breaks: 30 minutes for shifts of 6 to 8 hours. Additional meal break for shifts over 14 hours.
• Rest breaks: 10-minute paid rest per 4 hours. Should be taken near the middle of the work period.

Colorado

• Meal breaks: 30 minutes after 5 hours of continuous work.
• Rest breaks: 10-minute paid rest per 4 hours.

Minnesota (new 2026)

Minnesota's new break law puts it among the strongest states for worker break protections.

• Meal breaks: 30 minutes for 6+ consecutive hours.
• Rest breaks: 15 minutes per 4 consecutive hours (no other state requires this much paid rest break time).
• Waiver: Employees can waive meal or rest breaks in writing, but the waiver must be voluntary.

What Happens If Your Employer Doesn't Give You Breaks?

If your state requires breaks and your employer isn't providing them, you have options. The consequences vary by state, but enforcement is getting stronger.

California's premium pay system

California's system is the most worker-friendly in the country. If your employer misses a required meal break, you're owed one additional hour of pay at your regular rate. Miss a rest break too, and you're owed another hour. That's up to two hours of premium pay per day.

Over a year of daily violations, a worker earning $20/hour could be owed $10,400 in premium pay ($20 x 2 hours x 260 workdays). Over the 3-year statute of limitations, that tops $31,000.

Penalties in other states

Most states that require breaks impose fines on employers who violate the law, but few match California's employee-facing premium pay model. In many states, the remedy is a complaint to the state labor department, which may investigate and fine the employer. Washington's new hospital reporting and fine system ($5,000 to $20,000 per reporting period) is an example of the shift toward more concrete penalties.

How to file a wage claim for missed breaks

1. Document the violations. Record every missed or interrupted break, including the date, shift time, and what happened. A time-tracking app makes this automatic.
2. Contact your state labor department. Search for "[your state] + wage claim" or "[your state] + labor complaint" to find the filing process. In California, you file with the Division of Labor Standards Enforcement (DLSE).
3. Provide your records. Bring your personal break log, pay stubs, work schedule, and any written or text communication showing break denials.
4. Consider federal options. If your state doesn't have a break law but your employer is deducting pay for short breaks (under 20 minutes), that's a federal FLSA violation. Contact the DOL Wage and Hour Division at 1-866-487-9243.

The scale of enforcement

Break and wage violations are not rare. The DOL's Wage and Hour Division recovered $259 million in back wages in fiscal year 2025. Between 2021 and 2023, federal, state, and private enforcement actions recovered more than $1.5 billion in stolen wages. Claims do get investigated, and violations do get penalized.

Statute of limitations

Don't wait too long to file. California gives you 3 years for break premium claims. Federal FLSA claims have a 2-year limit (3 years for willful violations). Other states vary. The longer you wait, the less back pay you can recover.

How to Track Your Breaks and Protect Your Rights

Break disputes almost always come down to records. The employee says breaks were denied, the employer says they were provided, and whoever can prove their side wins. A personal break log is the most useful thing you can have if it goes that far.

Why personal records matter

Your employer's time system may show that you clocked out for a 30-minute lunch. But if you were answering work calls during that "break," the employer's records won't reflect that. Your own log will. Courts and labor agencies accept personal time records as evidence, especially when they're timestamped and consistent.

What to document for every break

• Date and shift start/end time
• Break start and end time (actual, not scheduled)
• Whether the break was uninterrupted (were you called back, asked to monitor something, or told to stay nearby?)
• Whether you were relieved of all duties (the legal standard for an unpaid meal break)
• Notes on any denied breaks (who told you, what was the reason?)

Using a time-tracking app

A time-tracking app like Hours44 lets you log your breaks alongside your shift times. Clock in when you start work, log your break, and clock out when you finish. By the end of the week, you have a complete record showing whether you got the breaks your state requires.

An app is better than paper because timestamps are created automatically when you tap. No memory errors, no rounding. If you ever file a wage claim, timestamped app records are harder for an employer to dispute than handwritten notes.

What to do with your records

• Compare weekly. At the end of each week, check whether you received all the breaks your state law requires. If you work in California and didn't get a meal break one day, note it. That's an hour of premium pay owed.
• Export regularly. Back up your break data by exporting to CSV or PDF at least once a month. Don't rely on a single device.
• Keep records for at least 3 years. This covers the statute of limitations in most states. Digital records are easy to store indefinitely.

Tracking your breaks takes seconds per shift. If you never need the records, you've lost almost no time. If you do need them, they could be worth thousands in premium pay and back wages.

Break Law Violations: What They Cost in Real Dollars

Break violations have real dollar consequences. Here's what they look like for workers in different states.

Frequently Asked Questions

Practical Tips

• Look up your state's specific law. The DOL's state meal break table is the fastest way to check. Don't rely on general advice when state rules vary this much.
• Track your breaks in a time-tracking app. Use Hours44 to log your break start and end times alongside your shift times. Timestamped digital records are the strongest evidence in any break dispute.
• Know the difference between paid and unpaid breaks. Breaks under 20 minutes are always paid under federal law. Meal breaks of 30+ minutes can be unpaid, but only if you're completely relieved of all duties. If you have to stay at your station, answer calls, or remain available, the break must be paid.
• Put it in writing if breaks are denied. If your manager tells you to skip a break or work through lunch, send a follow-up text or email confirming what was said. That creates a timestamped record that's hard to dispute later.
• Don't wait to file a complaint. Statutes of limitations range from 2 to 3 years depending on your state and whether the violation was willful. The sooner you file, the more back pay or premium pay you can recover.

References

• U.S. Department of Labor: Break Time Requirements — Federal FLSA position on meal and rest breaks, including rules for paid vs. unpaid break time.
• U.S. DOL: Minimum Length of Meal Period Required Under State Law — Official DOL table of state-by-state meal break requirements for private-sector employees.
• California Department of Industrial Relations: Meal Period FAQ — Official California source for meal break rules, premium pay calculations, and how to file claims.
• Minnesota DOLI: New Break Law Changes Effective January 1, 2026 — Official announcement of Minnesota's 2026 meal and rest break requirements.
• Washington State LNI: Healthcare Labor Standards — Washington's hospital missed-break reporting requirements and penalties effective July 2026.
• Economic Policy Institute: Wage Theft Report (2021-2023) — Research report documenting $1.5 billion in stolen wages recovered through enforcement actions.