The distinction between meal and rest breaks is that rest breaks are often shorter in time (less than 20 minutes) and considered paid time.
Example: California requires employers 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.
This article focuses on meal breaks, but rest break requirements also vary by state. Consult specialized employment counsel to ensure you are meeting the rest break requirements within your state.
Many states require a meal break around the middle of a non-exempt 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 and can be very costly. It can put employers at risk of a wage and hour lawsuit.
The table below includes information about the length of the meal break, when it should be taken, important notes to consider, and Gusto's suggested settings when entering meal break rules for your state.
Important: Consult specialized employment counsel to ensure you are meeting the requirements within your state.
This table was last revised July 2019
State | Suggested Gusto setting | For [X] hours worked in a single workday | Minimum duration of rest break | Time break must be taken |
Notes (Exempted industries, waivers, etc) |
California | 30 minute break every 5 hours | 5-10 hours | 30 minutes | Before the end of the 5th hour of the work shift |
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10-12 hours |
30 minutes (a second meal break) |
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Colorado | 30 minute break every 5 hours | 5+ hours | 30 minutes |
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Connecticut | 30 minute break every 5 hours and 30 minutes | 7.5+ hours | 30 minutes | Between the first two and last two hours of the work shift |
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Delaware | 30 minute break every 5 hours and 30 minutes | 7.5+ hours | 30 minutes | Between the first two and last two hours of the work shift |
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Illinois | 20 minute break every 5 hours | 7.5+ hours | 20 minutes | Within the first 5 hours of the work shift |
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Kentucky | 30 minute break every 5 hours | No minimum hours to trigger a meal break, but the law requires a “reasonable” break. | A “reasonable” meal break | Between the third hour and fifth hour of the work shift |
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Maine | 30 minute break every 6 hours | 6+ hours | 30 minutes |
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Maryland | 30 minute break every 6 hours | 6+ hours | 30 minutes |
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Massachusetts | 30 minute break every 6 hours | 6+ hours | 30 minutes |
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Minnesota | 30 minute break every 8 hours | 8+ hours | 30 minutes |
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Nebraska | - |
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Nevada | 30 minute break every 8 hours | 8+ hours | 30 minutes |
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New Hampshire | 30 minute break every 5 hours | 5+ hours | 30 minutes |
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New York | 30 minute break every 6 hours | 6+ hours | 30 minutes |
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North Dakota | 30 minute break every 5 hours | 5+ hours | 30 minutes |
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Oregon | 30 minute break every 5 hours | 6 - 14 hours | 30 minutes |
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14 - 22 hours | 30 minutes (a second meal break) | ||||
22 - 24 hours | 30 minutes (a third meal break) | ||||
Rhode Island | 30 minute break every 6 hours | 6+ hours |
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Tennessee | 30 minute break every 6 hours | 6+ hours | 30 minutes | After the 1st hour of the work shift |
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Utah | - |
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Vermont | 30 minute break every 6 hours | No minimum hours to trigger a meal break, but the law requires employees get a “reasonable opportunity” to eat during a work shift. | “Reasonable opportunity” to eat | ||
Washington | 30 minute break every 5 hours | 5+ hours | 30 minutes | Between the 2nd and 5th hour of the work shift |
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West Virginia | 20 minute break every 6 hours | 6+ hours | 20 minutes |