State-by-state guide

Meal and Rest Break Laws by State

Federal law does not require employers to give meal or rest breaks. Many states do. California, Washington, Oregon and Minnesota require both a meal break and paid rest breaks. Illinois and New York require meal breaks but not general rest breaks. California adds one extra hour of pay for each workday a required meal break is missed, and another for a missed rest break.

Last reviewed November 9, 2026 · General information, not legal advice

The short answer

Do employers have to give breaks?

No federal law requires meal or rest breaks, but under U.S. Department of Labor rules, short breaks of about 5 to 20 minutes that an employer does give must be paid. California, Washington, Oregon and Minnesota require a 30-minute meal break on longer shifts plus paid rest breaks of 10 minutes (15 minutes in Minnesota) for every four hours worked. Illinois requires a 20-minute meal break for shifts of 7.5 hours and one day of rest in every seven days; New York requires meal breaks tied to the time of day, but no rest breaks. In California, an employer that does not provide a required meal or rest break owes the worker one extra hour of pay at the regular rate for that workday.

Federal: none required

No federal law requires meal or rest breaks. Short breaks of about 5 to 20 minutes that are given must be paid.

Paid rest breaks

10 minutes for every 4 hours worked in California, Washington and Oregon. At least 15 minutes within each 4 consecutive hours in Minnesota.

Meal breaks

At least 30 minutes on longer shifts in California, Washington, Oregon and Minnesota. New York ties its meal breaks to the time of day (30 minutes at midday, 60 in factories). In Illinois, 20 minutes for 7.5 continuous hours.

California premium

One extra hour of pay at the regular rate for each workday a required meal break is not provided, and another for a missed rest break.

One shift, seven rulebooks

Where the breaks fall in an 8-hour shift

An example 8-hour shift that starts at 9 a.m., drawn to scale. The gold band is the meal-break window each rule sets. Cups are paid rest breaks, shown near the middle of each 4-hour period, as California, Washington and Oregon ask where practical; the exact time can vary. Minnesota's brackets mark each 4 consecutive hours, each of which must include a 15-minute break.

Meal break window
Meal must start before this line
Paid rest break
Rest break must fall within the bracket

Federal

No meal or rest break required

California

30-min meal starting before the end of the 5th hour · two paid 10-min rest breaks

Washington

30-min meal starting 2 to 5 hours into the shift · two paid 10-min rest breaks

Oregon

30-min meal taken after the 3rd hour worked and before the 6th hour begins · two paid 10-min rest breaks

Illinois

20-min meal starting no later than 5 hours in · no general rest breaks required

Minnesota

30-min meal (6 or more consecutive hours) · a paid break of at least 15 min within each 4 consecutive hours

New York

30 min off between 11 a.m. and 2 p.m. · no rest breaks required

Every band, line and bracket comes from the rules described on this page. Icons show one example placement; real schedules vary. See each state section below.

At a glance

Seven rulebooks, compared.

The first chart shows how long a shift must run before a meal break is required. The second shows the paid rest time owed for every four hours of work. Both are drawn to scale.

When the first meal break is required

Federal

No meal break required

California

30 min · shifts over 5 hours

Washington

30 min · shifts over 5 hours

Oregon

30 min · shifts of 6 hours or more

Illinois

20 min · 7.5 continuous hours

Minnesota

30 min · 6 consecutive hours or more

New York

30 min · shifts over 6 hours (time-of-day rules)

Paid rest time for every four hours worked

Federal

Not required (if given and under 20 min, paid)

California

10 min · per 4 hours or major fraction

Washington

10 min · per 4 hours

Oregon

10 min · per 4 hours or major part

Illinois

Not required (Cook County hotel room attendants excepted)

Minnesota

15 min · within each 4 consecutive hours

New York

Not required

The full comparison

Swipe sideways to see every column.

Jurisdiction	Meal break	Rest breaks	Can it be waived?	If the employer does not provide it
Federal	Not required. A meal break of about 30 minutes or more is unpaid only if you are completely relieved of duty.	Not required. Breaks of about 5 to 20 minutes that are given must be paid.	Not applicable	No penalty for not giving breaks. Unpaid work time must be paid.
California	30 min before the end of the 5th hour; a second 30 min for work over 10 hours	Paid 10 min per 4 hours or major fraction (shifts of 3.5 hours or more)	Meal only: first if the day is 6 hours or less; second if the day is 12 hours or less and the first was not waived	1 extra hour of pay per workday for a missed meal break, and 1 for a missed rest break
Washington	30 min, starting between the 2nd and 5th hour, for shifts over 5 hours	Paid 10 min per 4 hours; no more than 3 hours without one	Meal: yes, if you ask and the employer agrees. Rest: no	Under state court rulings, missed rest time is paid as extra time worked, at overtime rates where they apply
Oregon	30 min for a 6 to 8 hour work period	Paid 10 min per 4-hour segment or major part	Meal: only certain tipped food and beverage servers, in writing. Rest: no	Pay for time worked; state civil penalties up to $1,000 for willful violations
Illinois	20 min for 7.5 continuous hours, starting by the 5th hour; plus 24 hours of rest every 7 days	Not required, except Cook County hotel room attendants	No general waiver in the statute; union contracts can set different terms	Up to $250 or $500 per offense to the state, plus up to $250 or $500 per offense to the worker
Minnesota	30 min for 6 or more consecutive hours (since Jan. 1, 2026)	15 min, or longer if needed to reach the restroom, within each 4 consecutive hours; breaks under 20 min are paid	You may choose not to take a break; union contracts can set different terms	Pay for the break time owed, plus an equal amount as liquidated damages
New York	30 min between 11 a.m. and 2 p.m. for shifts over 6 hours (60 min in factories); more for long and night shifts	Not required	No general waiver; shorter meal periods only with state permission	State enforcement; no premium pay like California's

1 of 7 · Federal baseline

Federal law

29 C.F.R. §§ 785.18–785.19 · 29 U.S.C. § 218d (PUMP Act)

The rule. The Fair Labor Standards Act does not require lunch breaks or rest breaks. But if your employer chooses to give short breaks, the rules on what counts as paid time still apply.

5–20 min

Short breaks of about 5 to 20 minutes count as hours worked and must be paid.

Short breaks are paid. Rest breaks of about 5 to 20 minutes count as hours worked. They must be paid and count toward overtime (29 C.F.R. § 785.18).
Real meal breaks can be unpaid. A meal period of about 30 minutes or more is unpaid only if you are completely relieved of duty. If you must eat at your desk or stay at your machine and keep working, that time is work time (29 C.F.R. § 785.19).
Pumping breaks. Under the PUMP Act, most employees get reasonable break time to express breast milk for one year after a child's birth, each time it is needed, in a private place that is not a bathroom. The break can be unpaid only if you are completely relieved of duty; if you use a paid break your employer already gives, you must be paid for it the same way as other workers. Employers with fewer than 50 employees can be excused if compliance would be an undue hardship (29 U.S.C. § 218d).

Paid or unpaid? Break length in minutes

PaidCan be unpaid

About 5 to 20 minutes: counts as hours worked and must be paid.
About 30 minutes or more: unpaid only if you are completely relieved of duty.

Worth knowing. State law can give you more. When both apply, the rule that protects you more generally wins.

Official source: U.S. Department of Labor, Breaks and Meal Periods · Fact Sheet #73 (PUMP Act)

2 of 7 · Where we practice

California

Cal. Lab. Code §§ 226.7, 512 · IWC Wage Orders §§ 11–12

The rule. California requires both meal breaks and rest breaks for most non-exempt employees, and it puts a price on every missed one.

+1 hour

of pay at your regular rate for each workday a required meal break is not provided, and one more for a missed rest break.

First meal break: 30 minutes, off duty, starting before the end of your 5th hour of work.
Second meal break: Another 30 minutes if you work more than 10 hours in a day.
Rest breaks: A paid, net 10 minutes for every 4 hours worked or "major fraction" of 4 hours, in the middle of each work period when practical. No rest break is required if you work less than 3.5 hours in the day.
Typical count: The state Labor Commissioner treats more than 2 hours as a major fraction, so: 3.5 to 6 hours = 1 rest break; over 6 up to 10 hours = 2; over 10 up to 14 hours = 3.
Premium pay: One extra hour of pay at your regular rate of compensation for each workday a required meal break is not provided, and one extra hour for each workday a required rest break is not provided (Cal. Lab. Code § 226.7).

Breaks owed by hours worked in a day

Rest breaks

none123

Meal breaks

none1*12*2

* Can be waived by mutual agreement: the first meal if the workday is 6 hours or less; the second if the day is 12 hours or less and the first was not waived.

Exceptions worth knowing.

Waivers. You and your employer can agree to skip the first meal break only if your whole workday is 6 hours or less. The second meal break can be waived only if the day is 12 hours or less and the first was not waived. Some health care workers have a separate waiver rule.
On-duty meals. A paid "on-duty" meal break is allowed only when the nature of the job truly prevents relief from all duty, and only with a written agreement you can cancel in writing at any time.
Off duty means off duty. During a rest break your employer must relieve you of all duties and give up control of your time. If you must stay on the premises during your meal break, the meal break must be paid.
Lactation. Employers must give reasonable break time to express milk, in a private space other than a bathroom. Time beyond your normal paid rest breaks can be unpaid. Denying this break can trigger the same one-hour premium (Cal. Lab. Code §§ 1030–1033).
Exempt employees and some workers under certain union contracts or industry-specific wage orders follow different rules.

Deadline. Premium pay is treated as wages. A claim generally must be filed within three years of the missed break.

Official source: Labor Commissioner, Meal Periods FAQ · Rest Periods FAQ

For California workers

Our attorneys are licensed in California. If your employer skipped your meal or rest breaks, read our California guide to meal and rest break violations, or ask for a free case review.

3 of 7 · General information

Washington

WAC 296-126-092 · RCW 49.12

The rule. Washington requires a meal break on shifts over five hours and paid rest breaks throughout the day.

3 hours

The most you can be required to work without a paid 10-minute rest break.

Meal break: At least 30 minutes, starting no earlier than the 2nd hour and no later than the 5th hour of the shift. You cannot be required to work more than 5 straight hours without one.
Extra meal break: Another 30 minutes if you work 3 or more hours past your normal workday, given before or during the extra time.
Rest breaks: A paid 10 minutes for every 4 hours worked, as close to the middle of the work period as possible. You cannot be required to work more than 3 hours without one.
Paid or unpaid meal: Unpaid if you are free of all duties. Paid in full if you must stay on duty or on call, or are interrupted, no matter how many times.

The longest stretch you can be required to work

Without a rest break

3 hours

Without a meal break

5 hours

Exceptions worth knowing.

Waivers. You may give up a meal break if your employer agrees, and you can ask for it back at any time. Rest breaks cannot be waived.
"Intermittent" rest. Where the job naturally allows short breaks that add up to 10 minutes per 4 hours, a scheduled break is not required. This does not apply to work that requires constant physical or mental effort.
Missed rest breaks. Washington courts treat a missed rest break as extra time worked that must be paid, including at the overtime rate when overtime applies.
Different rules apply to farmworkers, workers under 18, and certain hospital workers in direct patient care, who have extra protections against interrupted breaks (RCW 49.12.480–.483).
Lactation. Employers with 15 or more employees must give breaks to express milk for two years after a child's birth, in a private place other than a bathroom if one exists (RCW 43.10.005).

Official source: Washington L&I, Rest Breaks, Meal Periods and Schedules · WAC 296-126-092

4 of 7 · General information

Oregon

ORS 653.261 · OAR 839-020-0050

The rule. For a typical 8-hour shift, Oregon requires two paid 10-minute rest breaks and one unpaid 30-minute meal break.

2 + 1

Two paid 10-minute rest breaks and one unpaid 30-minute meal break for a typical 8-hour shift.

Meal break: 30 continuous minutes, fully relieved of duty, for each work period of 6 to 8 hours. For shorter shifts, it is taken after the 2nd hour worked and before the 5th hour begins; for shifts over 7 hours, after the 3rd hour worked and before the 6th hour begins. If you are not fully relieved, the whole 30 minutes must be paid.
Rest breaks: A paid 10 minutes for each 4-hour segment or major part of one (more than 2 hours), near the middle of the segment. Rest breaks cannot be tacked onto lunch or used to start late or leave early.
Typical count: Under 6 hours (over 2): 1 rest, no meal. 6 hours: 1 rest, 1 meal. Over 6 up to 10 hours: 2 rests, 1 meal. Over 10 and under 14 hours: 3 rests, 1 meal.
Penalties: The state labor bureau can assess civil penalties of up to $1,000 for willful violations, and up to $2,000 for pressuring a worker to waive a meal break (ORS 653.256, 653.261).

Typical breaks by length of the work period

Rest breaks

123

Meal breaks

none1

Rest breaks start once a work period runs more than 2 hours (a major part of a 4-hour segment). Over 10 and under 14 hours: 3 rests, 1 meal.

Exceptions worth knowing.

Waivers. Workers generally cannot waive meal or rest breaks. The narrow exception is for tipped food and beverage servers age 18 or older, who may ask in writing, on the state form, after their first week.
Limited meal exceptions. An employer may substitute shorter paid breaks only in limited cases, such as undue hardship (with written notice) or an industry custom of a paid 20 to 29 minute meal.
Workers under 18 get 15-minute rest breaks instead of 10. Adults working alone in a retail or service business for under 5 hours may be exempt from rest breaks.
Hospital staff have separate rules and a $200 penalty for each missed meal or rest break (ORS 653.258).
Lactation. Employers must give reasonable rest periods to express milk for a child 18 months or younger. They can be unpaid unless taken during a paid rest break. Employers with 10 or fewer employees can be excused for undue hardship (ORS 653.077).

Official source: Oregon BOLI, Meals and Breaks · ORS chapter 653

5 of 7 · General information

Illinois

One Day Rest in Seven Act, 820 ILCS 140 · 820 ILCS 260/10

The rule. Illinois requires a short meal break on longer shifts and a full day of rest each week. It does not require general rest breaks.

20 min

Minimum meal break for 7.5 continuous hours, plus 24 consecutive hours of rest in every 7-day period.

Meal break: At least 20 minutes if you work 7.5 continuous hours, starting no later than 5 hours into the shift (820 ILCS 140/3).
Longer shifts: Another 20-minute meal break for every additional 4.5 continuous hours worked.
Day of rest: At least 24 consecutive hours of rest in every consecutive 7-day period (820 ILCS 140/2). Working a seventh day requires your voluntary agreement and a state permit.
Penalties: Employers with fewer than 25 employees: up to $250 per offense to the state, plus up to $250 per offense to the worker. Employers with 25 or more: up to $500 and $500. Each day without a meal break, and each week without a day of rest, is a separate offense (820 ILCS 140/7).

20-minute meal breaks by continuous hours worked

Meal breaks

none12

The first meal break must start no later than 5 hours into the shift; another follows for every additional 4.5 continuous hours.

One Day Rest in Seven: every consecutive 7-day period

Day 1
Day 2
Day 3
Day 4
Day 5
Day 6
Day 7

At least 24 consecutive hours of rest in every consecutive 7-day period. Which day it falls on is not fixed; working a seventh day takes your voluntary agreement and a state permit.

Exceptions worth knowing.

Hotel room attendants in Cook County (counties over 3 million people) who work at least 7 hours get two paid 15-minute rest breaks and a 30-minute meal break each day. A missed break costs the employer 3 times the attendant's regular hourly rate for that workday (820 ILCS 140/3.1).
Who is left out. Union contracts can set different meal terms. The day-of-rest rule does not cover some workers, including part-time employees working 20 hours a week or less, farm workers, security guards, and executive, administrative and professional staff.
Lactation. Employers must give reasonable break time to express milk for one year after a child's birth, and must pay it at your regular rate, unless doing so would be an undue hardship (820 ILCS 260/10).

Official source: Illinois Department of Labor, One Day Rest in Seven Act · 820 ILCS 140

6 of 7 · General information

Minnesota

Minn. Stat. §§ 177.253, 177.254, 181.939

The rule. Minnesota's break law changed on January 1, 2026 (Laws 2025, 1st Spec. Sess., ch. 6, art. 5). It now sets minimum lengths for both rest and meal breaks.

15 min

Minimum rest break within each 4 consecutive hours of work, since January 1, 2026.

Rest breaks: At least 15 minutes, or enough time to use the nearest convenient restroom if that takes longer, within each 4 consecutive hours of work (Minn. Stat. § 177.253). Before 2026, the law only required "adequate time" to use the restroom.
Meal break: At least 30 minutes for anyone working 6 or more consecutive hours (Minn. Stat. § 177.254). Before 2026, the trigger was 8 hours.
Paid or unpaid: Breaks shorter than 20 minutes must be paid. Meal breaks can be unpaid only if you are completely relieved of duty.
Remedy: An employer that does not allow a required break owes the break time at your regular rate, plus an equal amount as liquidated damages. You can pursue this through the state labor department or in court.

Meal break trigger: before and after January 1, 2026

Before 2026

8 hours

Since Jan. 1, 2026

6 consecutive hours

Rest breaks: what changed

Before 2026

"Adequate time" to use the restroom

Since Jan. 1, 2026

At least 15 minutes within each 4 consecutive hours

Exceptions worth knowing.

Employers must "allow" breaks. You may choose not to take one. The state recommends that employers confirm in writing when an employee chooses to skip a break.
Union contracts can set different rest and meal break terms.
Pregnancy. Pregnant employees can ask for more frequent or longer restroom, food and water breaks.
Lactation. Employers must give reasonable break time each day to express milk and may not reduce your pay for it. The space must be clean, private, near your work area, not a bathroom, and have an electrical outlet (Minn. Stat. § 181.939).

Official source: Minnesota Department of Labor and Industry, Rest Breaks and Meal Breaks · Minn. Stat. § 177.253

7 of 7 · General information

New York

N.Y. Lab. Law §§ 162, 206-c

The rule. New York ties meal breaks to the time of day your shift covers. It does not require rest or coffee breaks.

11–2

The noonday window: at least 30 minutes off between 11 a.m. and 2 p.m. for shifts over 6 hours that cover it.

Noonday meal: If your shift is more than 6 hours and covers 11 a.m. to 2 p.m., you get at least 30 minutes off within that window. Factory workers get 60 minutes.
Long days: If your shift starts before 11 a.m. and runs past 7 p.m., you get another meal break of at least 20 minutes between 5 and 7 p.m.
Night shifts: A shift of more than 6 hours that starts between 1 p.m. and 6 a.m. gets a meal break midway through: 45 minutes, or 60 minutes in factories.
Who is covered: All categories of workers, including white-collar and management staff, according to the state labor department.

Meal windows on a 24-hour clock

Midnight6 a.m.Noon6 p.m.

11 a.m. to 2 p.m. Noonday meal: at least 30 minutes (60 in factories) for shifts over 6 hours that cover this window.
5 to 7 p.m. Another meal of at least 20 minutes if the shift starts before 11 a.m. and runs past 7 p.m.
1 p.m. to 6 a.m. A shift of more than 6 hours that starts in this window gets a meal midway: 45 minutes, or 60 in factories.

Exceptions worth knowing.

Shorter breaks need a permit. The state labor commissioner can allow a shorter meal break, in writing, posted at the workplace. The department generally allows no less than 30 minutes, and 20 minutes only by special permit.
Uninterrupted meal. The department says any employee who asks for an uninterrupted meal break must get one. Eating on the job is accepted only in one-employee workplaces where the worker agrees.
Remedy. There is no California-style premium. Complaints go to the state Department of Labor, and violations of the Labor Law can be prosecuted as misdemeanors (N.Y. Lab. Law § 213). Any time you actually worked must still be paid.
Lactation. Since June 19, 2024, employers must give 30 minutes of paid break time to express milk each time you reasonably need it, for up to three years after childbirth, and let you use other paid breaks for longer sessions (N.Y. Lab. Law § 206-c).

Official source: NYS Department of Labor, Guidelines for Meal Periods · N.Y. Lab. Law § 162

What to do if this happened to you

Missed breaks? Start a record today.

Write down every break. Note the date, when each break started and ended, and whether you were interrupted, kept on call, or told to keep working.
Check your pay stubs and time records. Look for automatic 30-minute meal deductions on days you worked through lunch. In California, look for a premium line for missed breaks.
Keep the paper trail. Save schedules, break policies, texts and emails about breaks, and the names of co-workers who saw what happened.
Watch the deadline. In California, a premium claim generally must be filed within three years. Other states have their own limits, so do not wait.
Contact the right agency. State labor departments take break complaints. Retaliation for complaining about breaks is generally illegal.

If you work in California

Read our California guide to meal and rest break violations. You can also file a wage claim with the California Labor Commissioner.

Free case review

If you work in another state

The sections above for Washington, Oregon, Illinois, Minnesota and New York are general information. Our attorneys are licensed only in California. Contact your state agency, or find a local lawyer through the ABA lawyer referral directory.

FAQ

Common questions about breaks.

Does federal law require lunch breaks?

No. The Fair Labor Standards Act does not require meal or rest breaks. If an employer does give short breaks of about 5 to 20 minutes, they must be paid, and a meal break can be unpaid only if you are completely relieved of duty. Many states, including California, Washington, Oregon, Illinois, Minnesota and New York, set their own meal break rules.

Are rest breaks paid?

Yes, in the states that require them. California, Washington and Oregon require paid 10-minute rest breaks for every four hours worked, and Minnesota requires paid breaks of at least 15 minutes within every four consecutive hours. Under federal rules, any break of about 5 to 20 minutes that an employer gives counts as paid work time.

Can my employer make me eat at my desk and not pay me?

Generally no. Under federal rules, a meal break can be unpaid only if you are completely relieved of duty, so eating at your desk while you keep working is paid work time. California, Washington, Oregon and Minnesota also require that unpaid meal breaks be truly off duty.

What is meal and rest break premium pay in California?

If a California employer does not provide a required meal break, it owes one extra hour of pay at the employee's regular rate of compensation for that workday. A missed rest break earns a separate extra hour for that workday. This premium is treated as wages, and a claim generally must be filed within three years (Cal. Lab. Code § 226.7).

Can I waive my meal break?

It depends on the state. In California, you and your employer can agree to skip the first meal break only if your workday is 6 hours or less. In Washington, you may give up a meal break if your employer agrees, but rest breaks cannot be waived. Oregon allows meal break waivers only for certain tipped food and beverage servers who ask in writing.

Do I get breaks to pump breast milk at work?

Yes. The federal PUMP Act gives most employees reasonable break time and a private place other than a bathroom for one year after a child's birth. Several states give more: New York requires 30 minutes of paid break time for up to three years after childbirth, Illinois requires paid break time for one year, and Oregon covers children up to 18 months.

How many days in a row can my employer make me work in Illinois?

Illinois' One Day Rest in Seven Act requires at least 24 consecutive hours of rest in every consecutive seven-day period. An employee can work a seventh day only by voluntary agreement under a state permit. Some workers, such as part-time employees working 20 hours a week or less and executive, administrative and professional staff, are not covered.

Sources

Official sources used.

General information, not legal advice. Laws change; check the official sources above. Our attorneys are licensed only in California, and we accept clients only in California.