Lunch break laws by state: 21 states with rules

Lunch break laws by state: federal law requires none, 21 states do. Triggers, meal lengths and exceptions from the Department of Labor's table.

By Sakib Islam31 October 20267 min read
Eight states shown as bars with the hours worked before a meal period is required, from 5 hours in California to 8 hours in Nevada, under the title Lunch break laws by state

Short answer on lunch break laws by state: federal law does not require employers to give a lunch break, but 21 states do, along with Guam and Puerto Rico, usually for shifts of about 5 to 8 hours. The rules differ on when the break is due, how long it is, and whether it is paid. The table below comes from the US Department of Labor and was last updated on 1 January 2023, so treat it as a starting point and confirm with your state labor office before you rely on it.

What federal law says

The Department of Labor's breaks page states that federal law does not require lunch or coffee breaks. When an employer does offer short breaks, usually 5 to 20 minutes, they count as hours worked and toward overtime. A meal period of typically at least 30 minutes is not work time and is not paid, as long as the employee is fully relieved of duty. The page cites 29 CFR 785.18 and 785.19 and shows no date; we read it on 31 October 2026.

The state meal period rules

This summarises the Department of Labor's state meal period table, last updated on 1 January 2023, which we read on 31 October 2026. It lists only jurisdictions with a requirement. Where the table is silent on pay, so is this one. Exemptions are common, so each row is a summary, not the full rule.

StateWhen it appliesMeal periodNotes
CaliforniaOver 5 hours30 minutesA second meal period over 10 hours; some industries and union-covered workers exempt
ColoradoOver 5 consecutive hours30 minutesFour industries, with many exemptions; an on-duty meal counts as time worked when work prevents relief
Connecticut7.5 or more consecutive hours30 minutes, between hours 2 and 6Exempt if the employer gives 30 or more minutes of paid rest or meal time per 7.5 hours
Delaware7.5 or more consecutive hours30 minutes, between hours 2 and 6Exemptions for certain professionals and written agreements
Illinois7.5 or more continuous hoursAt least 20 minutes, starting by hour 5Hotel room attendants in large counties get 30 minutes after 7 hours
KentuckyBetween hours 3 and 5Ordinarily 30 minutesUnpaid; coffee and snack breaks do not count
Maine6 consecutive hours30 minutesNot for workplaces with fewer than 3 employees on duty who get frequent paid breaks
Maryland4 to 6 hours; over 6; 8 or more15 minutes; 30 minutes; plus 15 per extra 4 hoursRetail only, for establishments with 50 or more retail employees
MassachusettsEach 6 hours in a day30 minutesThe worker must be free of duties and free to leave the workplace; some industries excluded
Minnesota8 or more consecutive hoursSufficient timeUnpaid; rest periods under 20 minutes cannot be deducted
NebraskaEach 8-hour shift30 minutes, off premisesAssembly plants, workshops and mechanical establishments
Nevada8 continuous hours30 minutesEmployers with 2 or more employees; union-covered workers excluded
New HampshireAfter 5 consecutive hours30 minutesNot required if the employee can eat while working and the employer allows it
New YorkVaries by industry and shiftVaries; for example 30 minutes at noon for shifts over 6 hours in non-factory settingsFactories have a 1-hour noon period; extra periods apply to some shifts. Check the state page
North DakotaEach shift over 5 hours30 minutes, if desiredApplies with 2 or more employees on duty; fully relieved employees need not be paid
Oregon6 to 8 hour work period30 minutes with full relief from dutyAlternatives are a paid 20 minutes or a paid on-duty eating period; union-covered workers excluded
Rhode Island6-hour shift; 8-hour shift20 minutes; 30 minutesExcludes licensed health care facilities and employers with fewer than 3 people per shift
Tennessee6 or more consecutive hours30 minutes, not in or before the first hourUnpaid; tipped food and beverage workers can waive in writing
VermontThroughout work periodsReasonable opportunities to eatNo fixed length
WashingtonOver 5 consecutive hours30 minutes, 2 to 5 hours into the shiftCounts as work time if the employee must stay on premises; an extra 30 minutes after 3 hours beyond the regular day
West Virginia6 or more hours in a day20 minutesApplies to every employer
GuamAfter 5 hours30 minutesUnpaid unless work prevents relief; waivable for days of 6 hours or less
Puerto RicoOver 5 consecutive hours1 hour, shortenable by written agreementTime and a half if worked during the meal period; a second period over 10 hours

Minors and other footnotes

The Department of Labor's footnotes add that 35 jurisdictions have separate meal period rules for minors, and where two rules apply the stricter one governs. Pennsylvania and Wisconsin have extra rules for seasonal farm and migrant workers. New Mexico requires no meal period, but if one is given it must be at least 30 minutes and unpaid.

What this means for timesheets and pay

If a meal period is unpaid and the employee is fully relieved of duty, it comes off the day's hours. A timesheet needs an unpaid break column for that: our free timesheet template has one, and the time card calculator takes the break off before it adds up the week. Overtime then follows your state's rule; see the overtime calculators by state.

Wrkbase's attendance records when each person signs in, takes breaks and signs off, so break time is on the record, and a timesheet fills in from it. It is a record, not legal advice: it does not apply a state's meal period law for you, so check your own state's rule above.

Questions this post answers

Does federal law require a lunch break?

No. The US Department of Labor says federal law does not require lunch or coffee breaks. Some states do, so the rule depends on where the employee works.

Is a lunch break paid?

Under federal rules a meal period of typically 30 minutes or more is not work time and is not paid, provided the employee is fully relieved of duty. Short rest breaks of about 5 to 20 minutes are paid and count toward overtime. State rules can differ, and some states require pay if the employee must stay on duty.

How many states require lunch breaks?

The Department of Labor's table lists 21 states, plus Guam and Puerto Rico, with meal period requirements, as last updated on 1 January 2023. States not listed have none in that table, though laws change, so confirm with your state labor office.

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Sakib Islam
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