Meal and rest break laws by state
Which states require meal or rest breaks for adults, when, and which ones attach a pay penalty.
Last reviewed October 30, 2026. This article explains the rules in plain words. It is not legal advice: your company and its counsel decide your policy.
Federal law requires no breaks. If an employer offers short breaks of 5 to about 20 minutes, they must be paid (29 CFR 785.18). A meal period of 30 minutes or more is unpaid only if the employee is completely relieved (29 CFR 785.19). States add their own rules.
Only two states attach automatic pay#
California owes one extra hour of pay for a missed meal and another for a missed rest (see California meal and rest breaks). Colorado requires additional pay for a missed rest period. In the other states below, a missed break is an enforcement matter or makes the time compensable, rather than adding a set premium.
States with adult meal or rest rules#
| State | Meal | Paid rest |
|---|---|---|
| California | 30 min before the end of hour 5; second before the end of hour 10 | 10 min per 4 h or major fraction |
| Colorado | 30 min if the shift is over 5 h | 10 min per 4 h or major fraction |
| Connecticut | 30 min for 7.5 consecutive h, after the first 2 and before the last 2 | None |
| Delaware | 30 min for 7.5 consecutive h, after the first 2 and before the last 2 | None |
| Illinois | 20 min, starting by hour 5, for a 7.5 h shift | None for most |
| Kentucky | A reasonable meal between hours 3 and 5 | 10 min per 4 h |
| Maine | 30 min after 6 consecutive h | None |
| Massachusetts | 30 min per 6 h | None |
| Minnesota | Time to eat in an 8 h shift | Restroom time per 4 h |
| Nevada | 30 min for 8 continuous h | 10 min per 4 h or major fraction |
| New Hampshire | 30 min after 5 consecutive h | None |
| New York | Noon-day 30 min for shifts over 6 h spanning 11 am to 2 pm, and more | None |
| North Dakota | 30 min for a shift over 5 h, if 2 or more are on duty | None |
| Oregon | 30 min unpaid per 6 to 8 h period | 10 min per 4 h or major portion |
| Rhode Island | 20 min for 6 h, 30 min for 8 h | None |
| Tennessee | 30 min for 6 consecutive scheduled h | None |
| Washington | 30 min if over 5 h, between hours 2 and 5 | 10 min per 4 h, no more than 3 h without one |
| West Virginia | 20 min for a 6 h day if people cannot eat while working | None |
Maryland (retail employers with 50 or more), Nebraska (assembly plants, workshops and mechanical establishments) and Vermont have narrower rules.
How Oh! Thyme handles it#
Oh! Thyme has rule sets for federal law, California, Alaska, Nevada, Colorado, Oregon, Washington, New York, Illinois, Minnesota and Kentucky. Where a state attaches pay, the premium is worked out; elsewhere a missed break is flagged for the supervisor rather than paid, unless your policy says otherwise.