Which states require paid rest breaks?

States that require paid rest breaks include California (10 min per 4 hrs), Colorado (10 min per 4 hrs), Kentucky (10 min per 4 hrs), Alaska (10 min per 4 hrs), Nevada (10 min per 4 hrs), Oregon (10 min per 4 hrs), and Washington State (10 min per 4 hrs), among others.

What is California's meal break law?

California requires employers to provide a 30-minute unpaid meal break after 5 hours of work, and a second 30-minute meal break after 10 hours. Employees are also entitled to a paid 10-minute rest break for every 4 hours worked. Missing either break triggers a one-hour premium pay penalty.

Verified May 2026, All 50 States

Meal & Rest Break Laws
by State 2026

Federal law doesn't require meal or rest breaks for adults, but 25+ states do. Know exactly what your state requires before your next shift schedule.

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States Require Meal Breaks

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States Require Rest Breaks

Federal Requirement (Adults)

States with Meal Break Laws

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require unpaid 30-min+ break

States with Paid Rest Breaks

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require paid 10–15 min breaks

Federal Law for Adults

None

FLSA does not mandate breaks

Minor Break Rules

Stricter

Most states have extra rules for under-18

Meal break required by law

Limited / conditional requirement

No state law (federal rules apply)

State ↕ Meal Break ↕ Rest Break ↕ Paid? Notes

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Understanding Break Time Laws

The federal Fair Labor Standards Act (FLSA) does not require employers to provide meal or rest breaks to adult employees. However, if an employer voluntarily provides short rest breaks (typically 5–20 minutes), federal law requires those breaks to be paid. Meal breaks of 30 minutes or more where the employee is completely relieved of duties may be unpaid.

Despite no federal mandate, more than half of U.S. states have enacted their own break requirements. Violating state break laws exposes employers to wage claims, back pay liability, and civil penalties, often worth the equivalent of one hour of additional pay per missed break per day.

California's Strict Rules

California requires a 30-minute unpaid meal break after 5 hours and a second after 10 hours, plus a paid 10-minute rest break for every 4 hours worked. Missing either triggers a one-hour premium pay penalty.

Minor Employees

Most states have stricter break requirements for employees under 18. Many require a 30-minute break after just 4–5 hours of work, regardless of the adult rule in that state.

Collective Bargaining

Union contracts may supersede state break laws, sometimes more favorably, sometimes with waivers. Always review applicable CBAs alongside state statutes.

Paid vs. Unpaid Breaks

Rest breaks (under 20 minutes) must be paid under federal law if offered. Meal breaks (30+ minutes) can be unpaid only if the employee is fully relieved of all duties during the break.

Break Law Violations: Employer Liability

Under federal law, rest breaks of 20 minutes or less must be paid, this rule applies regardless of whether the employer formally schedules breaks. Per DOL guidance on hours worked, if an employee works through a short break without being told to, the employer must still pay for that time if it knew or should have known the employee was working.

State-level penalties can be steep. California requires employers to pay one additional hour of pay at the regular rate for each missed rest break and each missed meal break, penalties that compound across a full workforce and frequently trigger class-action litigation. Oregon imposes a similar premium pay penalty. Even in states without explicit penalties, denying required breaks can expose employers to wage claims and OSHA violations.

FLSA also prohibits retaliation against employees who take breaks they are entitled to or who file complaints about break violations. Disciplining an employee or changing their schedule following a break-related complaint creates retaliation exposure that can dwarf the original violation in terms of damages.

Frequently Asked Questions

Does federal law require lunch breaks? ▾

No. The FLSA does not require employers to provide meal or rest breaks to adult employees. However, if breaks shorter than 20 minutes are provided, they must be paid. Many states have enacted their own laws, check your state's row in the table above.

Can an employee waive their meal break? ▾

In some states, yes. California allows employees working shifts of 6 hours or less to waive the first meal break by mutual consent. Other states have similar provisions. However, employers cannot pressure or coerce employees into waiving breaks, any waiver must be truly voluntary.

What happens if I don't give required breaks in California? ▾

California's break premium is one of the strictest in the country: for each missed meal break, the employer owes the employee one additional hour of pay at their regular rate. For each missed rest break, the same one-hour premium applies. These penalties can accumulate quickly for recurring violations and are frequently the subject of class action lawsuits.

Do break laws apply to remote workers? ▾

Yes. State break laws apply based on where the employee physically performs their work, not where the employer is located. A remote worker in California is subject to California break law even if their employer is based in Texas.

Are salaried employees entitled to breaks? ▾

State break laws generally apply to all non-exempt employees regardless of pay structure. Exempt salaried employees are typically excluded from break requirements, but the underlying principle, that employees should have reasonable opportunity to eat and rest, still applies as a practical matter of workforce management.

Meal & Rest Break Lawsby State 2026