Meal break laws by state

Several states require that employees be given an unpaid meal break and paid rest breaks after working a certain number of hours each day. Make sure to check your state laws before creating break policies.

Administrators with the required permissions can set up meal and rest breaks in Gusto.
If Time tracking is not part of your Gusto product plan, upgrade at any time.
Meal and rest break rules only apply to overtime-eligible employees, not contractors or overtime-ineligible employees.
Meal and rest break policies in Gusto are designed to help with compliance. If you have a policy in place, missed breaks will be flagged on assigned team members’ timesheets.
- Extra breaks are not flagged.

Note: Gusto supports paid and unpaid breaks. You’ll see an alert on employee timesheets when they've reported too many hours worked without a break.

Meal break vs. rest break and FAQs

Many states require a meal break around the middle of a non-exempt (overtime-eligible) employee’s workday. Employers usually do not have to pay for these meal breaks as long as the employee is completely relieved of any duties.

If an employee is on a meal break but still responsible for work-related tasks, the employee must still be paid for that break.

Not tracking meal breaks properly is a common work violation that can be very costly and put employers at risk of a wage and hour lawsuit.

Meal break vs. rest break

The distinction between meal and rest breaks is that rest breaks are often shorter in time (less than 20 minutes) and considered paid time. Because they're usually viewed as compensable working time, rest breaks will also count towards overtime.

Example: California requires employers to provide a paid ten-minute rest break to employees who work for 3.5 hours or longer, and California employees are entitled to a paid rest break for every four-hour period. Failure to provide a required rest break in California means that you must pay one hour of additional pay to the employee at their regular overtime rate for that missed break.
Example: Colorado requires employers to provide a paid ten-minute rest break for each 2-6 hours worked, a second ten-minute rest break for the 6-10 hours worked, a third for 10-14 hours worked, and so on for each additional four hours of work.

This article focuses on meal breaks, but rest break requirements also vary by state, and in some cases, by city or county. Consult specialized employment counsel to make sure you're meeting the rest break requirements applicable to your company.

FAQs

Q: Can my employee choose to skip their meal or rest break?

A: In most states, employees who are provided the opportunity to take a break can choose to skip that break. In some states (ex. California), employees may only skip their meal or rest breaks under certain circumstances. Consult an HR professional or your legal counsel to confirm what break policies you should create for your employees.

Q: Are employees entitled to both meal and rest breaks?

A: Many of the states that require employers to provide breaks will require employers to provide both rest and meal breaks. Consult an HR professional or your legal counsel to confirm what breaks you must provide to your employees.

States with meal or break requirements

Consult an HR professional or your legal counsel to make sure you're meeting the requirements applicable to your company. When you're ready, learn how to set up breaks in Gusto.

This table includes information about the length of the meal and rest breaks, when they should be taken, and important notes to consider.

This table was last revised Nov 2022

State	Meal break requirements	Rest break requirements	Additional notes Missed break premiums, exempted industries, etc
California	Employees are entitled to an unpaid meal break of 30+ minutes for work periods of 5+ hours. The meal break may be waived by mutual agreement if the workday is completed in no more than 6 hours. Employees are entitled to a second meal break of 30+ minutes for work periods of 10+ hours. The second meal break may be waived by mutual agreement if both: (1) The total hours worked is not more than 12 hours, and (2) The first meal period was not waived.	In addition to unpaid meal breaks, paid rest periods must be provided to employees working more than 3.5 hours per workday at a rate of 10 minutes for every 2-4 hours worked. For example, employees should receive 10 minutes for shifts from 3.5-6 hours, and a total of 20 minutes of rest breaks for shifts of more than 6-10 hours. These rest periods must be counted as hours worked and are compensable	Meal breaks may only be waived if the employee works less than 6 hours in a workday. A second meal break may only be waived if the first meal break was not waived and the total hours worked is not more than 12. There are some exempted industries.
Colorado	Employees must get one unpaid 30+ minute meal break for every scheduled shift of 5+ hours.	In addition to unpaid meal breaks, employees are entitled to a 10-minute rest period as follows: One rest period for 2-6 hours of work. Two rest periods for 6-10 hours. Three rest periods for 10-14 hours. Four, five, or six rest periods for work periods of 14-18, 18-22, or 22+ hours. Required rest periods count as working time.	There are some exempted industries.
Connecticut	Employees must get one unpaid meal break of 30+ minutes if working more than 7.5 hours. The break must take place between the first two and last two hours of the shift.		There are some exempted industries.
Delaware	Employees must get one unpaid meal break of 30+ minutes if working more than 7.5 hours. The break must take place between the first two and last two hours of the shift.		There are some exempted industries.
Illinois	Employees working 7.5+ hours are entitled to a meal break of 20+ minutes, beginning no later than 5 hours after starting work. Employees working more than 7.5 hours are entitled to an additional 20-minute meal break for every 4.5 continuous hours worked.		There are some exempted industries.
Kentucky	Employees are entitled to one unpaid meal break of 30+ minutes as close to the middle of their shift as possible.	In addition to unpaid meal breaks, employees are entitled to 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.	The requirement does not apply to collective bargaining agreements. There are some exempted industries.
Maine	Employees are entitled to a break of 30+ minutes if working 6+ hours.		The requirement does not apply to collective bargaining agreements. There are some exempted industries.
Maryland	Employees in certain retail establishments working 6+ hours are entitled to a 30+ minute meal break.		Only applies to certain retail establishments with 50+ employees. There are some exempted industries.
Massachusetts	Employees are entitled to a break of 30+ minutes if working 6+ hours.		Employees may voluntarily waive the meal break, but any waiver agreement should be in writing.
Michigan	There are no requirements for breaks, meal or rest periods for employees 18 years of age or older. Employees under the age of 18 may not work more than five hours without a documented 30-minute uninterrupted break. Daily time records should reflect the starting and ending of shifts as well as the 30-minute uninterrupted break.		Michigan Labor and Economic Opportunity FAQs .
Minnesota	Employees working 8+ hours are entitled to 30+ minutes for a meal break.		The requirement does not apply to collective bargaining agreements.
Nebraska	Employees in certain industries working 8+ hours are entitled to 30+ minutes for a meal break.		Only applies to employees working in assembly plants, workshops, or mechanical establishments.
Nevada	Employees are entitled to an unpaid meal break of 30+ minutes for each 8-hour work period.	In addition to unpaid meal breaks, paid rest periods must be provided to employees working more than 3.5 hours per workday at a rate of 10 minutes for every 2-4 hours worked. For example, employees should receive 10 mins for shifts from 3.5-6 hours, and a total of 20 minutes of rest breaks for shifts lasting more than 6-10 hours. These rest periods must be counted as hours worked and are compensable.	Employees may voluntarily waive the meal break, but any waiver agreement should be in writing. The requirement does not apply to collective bargaining agreements.
New Hampshire	Employees working more than 5 hours are entitled to a 30+ minute period.		Employees may voluntarily waive the meal break, but any waiver agreement should be in writing.
New York	Employees working 6+ hours that extend over the noonday meal period (11:00am-2:00pm) are entitled to 30+ minute meal break during that period, which may be unpaid. If the 6+ hour shift starts between 1:00pm and 6:00am the employee is entitled to a 45+ minute meal break midway between the beginning and end of the shift. Employees starting work before 11:00am and continuing until after 7:00pm must be allowed an additional meal period of at least 20 minutes between 5:00-7:00pm.		Factory workers have different requirements. Timing requirements may vary depending on when the shift starts.
North Dakota	Employees working more than 5 hours are entitled to a 30+ minute period.		Applies when there are 2+ employees on duty. Employees may voluntarily waive the meal break, but any waiver agreement should be in writing. The requirement does not apply to collective bargaining agreements.
Oregon	Employees working 6-14 hours are entitled to one 30+ meal break. Employees working 14-22 hours are entitled to two 30+ minute meal breaks. Employees working 22-24 hour shifts are entitled to three 30+ minute meal breaks.	In addition to unpaid meal breaks, employees working 2-6 hours are entitled to one 10-minute paid rest break. Employees working 6-10 hours are entitled to two 10-minute rest breaks. Employees working 10-18 hours are entitled to four 10-minute rest breaks. Employees working 18-22 hours are entitled to five 10-minute rest breaks. In addition to meal breaks, employees working 22-24 hours are entitled to six 10-minute rest breaks.	The requirement does not apply to collective bargaining agreements. There may be extreme situations where an employer is not required to give a meal break. When calculating whether a meal break is due, the unpaid 30+ minute meal break does not count as part of the work period, provided that the employee was free to take the break and was relieved from their duties.
Rhode Island	Employees are entitled to a 20-minute meal period for 6-hour shifts, and a 30-minute meal period for an 8-hour shift.		There are some exempted industries.
Tennessee	Employees working 6+ hours are entitled to a 30+ minute meal break after the first hour of work.		Employees in certain industries may voluntarily waive the meal break, but any waiver agreement should be in writing. There are some exempted industries.
Vermont	Employers must provide employees with a “reasonable opportunity” to eat and use the restroom during work periods.	Employers must provide employees with a “reasonable opportunity” to eat and use the restroom during work periods.
Washington	Employees who work 5+ hours are entitled to a 30+ minute meal break 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 break must be given within 5 hours after the end of the employee’s last meal break, and for every 5 hours thereafter during the work period.	In addition to unpaid meal breaks, employees must be allowed a paid rest period, free from duties, of at least 10 minutes for every 4 hours worked. Employees cannot work more than 3 hours without getting a rest break.	Employees may voluntarily waive the meal break, but waiver agreements should be in writing. There are additional meal break requirements during overtime hours.
West Virginia	Employees working at least 6 hours per day or shift are entitled to a meal break of at least 20 minutes.