What Are the Employee Lunch Break Labor Laws?

Lunch breaks promote good health, encourage social interactions and boost morale. However, no federal laws mandate lunch breaks in the United States. Some states have implemented state-specific laws that outline what a reasonable lunch break entails.

The Fair Labor Standards Act (FLSA) does not require employers to give breaks to their employees. Regardless, it has become a common practice and reasonable expectation for employers to offer unpaid lunch breaks to employees who work for a certain number of hours, which varies per state and industry.

Here are a few key details about employee lunch break labor laws.

Lunch Break Pay

Per the FLSA, employers need not pay employees during meal breaks in any state. However, employers must allow employees to take the full lunch break without working unless a state law specifies otherwise. However, many people eat lunch while continuing to work at their desk. These employees typically receive pay for their time since they are not taking a legally defined lunch break.

Lunch Break State Laws

The following states have lunch break provisions for workers over age 18:

California

The Industrial Welfare Commission requires a half-hour meal period after five hours of work, unless the workday will be completed in six hours or less and the employee and employer have an agreement to waive the meal period. A meal period after six hours of work is permissible if it does not affect the health of an employee.

If an employee works for over 10 hours a day, a second meal period must be provided unless the total hours worked is 12 hours. Then the second meal can be waived with the employee's consent. Upon agreement with the employee, which can be revoked at any time, on duty meals apply for jobs with natures that prevent relief from duty.

Excluded industries are wholesale baking, motion picture and broadcasting. Those industries have their own requirements.

Colorado

A half-hour lunch is mandatory if the shift exceeds five consecutive hours. If employees cannot be relieved of duties, a paid on-duty lunch is permitted.

This standard applies to the following industries: retail service, food, beverage, commercial support services, health and medical. For a list of exempt industries, check the latest COMPS Order from the Colorado Department of Labor and Employment.

Connecticut

A half-hour lunch break is required after the first two hours and before the last two hours of any shift lasting seven and a half hours or more. Employers who provide a half an hour of paid rest within each seven and a half hours of work are exempt. Certain employees certified by the State Board of Education are also exempt. These requirements do not alter or impair collective bargaining agreements or different schedules under a written employer/employee agreement.

The Labor Commissioner may waive this requirement for any jobs where:

Compliance could result in a public safety hazard
Only one employee can carry out the needed tasks
Continuous operation is needed under specific circumstances
Fewer than five employees are on shift at a single shift at a place of business.

Delaware

Employees who work for seven and a half hours or more consecutively are entitled to a half-hour break after the first two hours and before the last two hours. Some professionals certified by the State Board of Education are exempt. Workplaces covered by a collective bargaining agreement or an employer/employee agreement may have a different schedule.

The Labor Commissioner may exempt other employees when:

Compliance would endanger public safety
Only one employee can perform specific duties
An employer employs fewer than five employees during a shift
Continuous operation is required

Employers who fire or retaliate against an employee who complains or provides information regarding lunch break violations may face a fine of $1,000 per violation.

Illinois

Employees who work seven and a half hours or more must receive a 20-minute break within five hours. Hotel room attendants who clean rooms must receive half an hour of rest for every seven hours worked. Different rules apply to employees who monitor individuals with developmental disabilities/mental illnesses and some other employees licensed under the Emergency Medical Services Systems Act.

Employees with meal periods established with a collective bargaining agreement are exempt.

Kentucky

Generally, a half-hour rest period is required between the third and fifth hour of work, though it may be less under certain conditions. Collective bargaining agreements or agreements between employers and employees can bypass this requirement.

Employers subject to the Federal Railway Labor Act are excluded.

Maine

Excluding emergency cases, half an hour for lunch is required after six consecutive work hours. A collective agreement may change this policy.

This does not apply to workplaces in which fewer than three employees are on duty at any time and the nature of work allows frequent paid breaks during the workday.

Maryland

The length of breaks at retail establishments depends on the length of the shift. A 15-minute break is required for four to six hours of consecutive work. That increases to half an hour for shifts longer than six hours. Employees are entitled to an additional 15-minute break at eight hours and for every four hours worked thereafter.

This regulation applies only to retail establishments with 50 or more retail employees for each workday.

Massachusetts

Half an hour for lunch is required after six consecutive work hours. The Attorney General can grant exemptions for special circumstances and collective bargaining agreements.

Excluded industries are iron works, glass works, paper mills, letter presses and bleaching or dyeing works.

Minnesota

For employees who work for eight consecutive hours or more, a sufficient but unspecified amount of unpaid time is required. Snack or rest periods of less than 20 minutes do not count and cannot be deducted from total hours worked. Meal requirements may not affect collective bargaining agreements.

Some employees are exempt under the Minnesota Fair Labor Standards Act.

Nebraska

For each eight-hour shift, a half-hour lunch break that can be taken off-premises is required. This applies to assembly plants, workshops and mechanical establishments unless a collective bargaining agreement or other written agreement covers the employee.

Nevada

For each eight-hour shift, half an hour for lunch is required unless a collective bargaining agreement covers the employee. The Labor Commissioner may exempt employees under specific and case-by-case circumstances.

The requirement applies to any workplace with two or more employees.

New Hampshire

A half-hour lunch is required after five consecutive work hours unless it is feasible and permissible to eat while working.

New York

New York requires a one-hour noon-day period for factory workers unless the Labor Commissioner grants permission for a shorter period. For all other establishments and occupations, half an hour is required for shifts over six consecutive hours that extend over the noon-day meal period.

For those whose day starts before 11 a.m. and continues after 7 p.m., an additional 20 minutes is required between 5 p.m. and 7 p.m. One hour in factories and 45 minutes in other workplaces is required for employees working six hours or more starting between 1 p.m. and 6 a.m.

North Dakota

If desired, half an hour between each shift that exceeds five hours is allowed, unless a collective bargaining agreement waives this. This standard applies when two or more employees are on duty.

Oregon

Unless a collective bargaining agreement covers the employer, a half-hour relief from all work is required for each work period of six to eight hours. For a period of seven hours or less, breaks must fall between the second and fifth hours. For a work period exceeding seven hours, a break must come between the third and sixth hours.

Under certain circumstances, that time can be changed to a paid period of less than half an hour but no less than 20 minutes with relief of all duties.

Rhode Island

All employees must have 20 minutes for meal time for every six hours of consecutive work and 30 minutes for every eight-hour shift.

This applies to all employees except licensed health care facilities or workplaces with fewer than three employees on duty at once.

Tennessee

Half an hour of rest is required for every employee who works six consecutive hours or more. The break may not be taken within the first hour of work. This requirement does not apply to jobs that offer frequent break periods by nature.

Employers and employees in food or beverage service may sign an agreement to opt the employee out of his or her lunch break if the employee receives and reports tips.

Vermont

While it offers no specifics, the state requires that employers must offer employees "reasonable opportunities" to rest, eat and use the restroom during work hours.

Washington

A half-hour rest period is required for five or more consecutive hours of work, which must be taken after the second hour of work but before the fifth. If the employee is on duty during this, it is counted as work time.

Employees who work for three hours or more beyond a normal workday are required to have another half-hour lunch period. The Director of Labor holds the right to change this requirement upon employer application.

Newspaper vendors or carriers, domestic or casual labor around private residences, sheltered workshops and agricultural labor are excluded.

West Virginia

An employer must grant 20 minutes of rest for employees who work six consecutive hours or more. Employees who cannot afford breaks may eat while working.

Additional Information

The provisions above represent state minimum standards. Your employer may offer additional break opportunities above and beyond the stated requirements. If you would like more information about specific state laws, visit the U.S. Department of Labor (DOL) Wage and Hour Division website.

Additional rules apply to minors. Workers under 18 years of age enjoy special labor protections. Employers must adapt work schedules to accommodate DOL rules for young employees. Visit the Wage and Hour Division's child labor page for more information.