Verified against official state labor departments Updated for 2026

Break Laws by State (2026)

Which states require meal breaks and paid rest breaks, and whether that time has to be paid. The label shows what each state requires.

Every state

Meal & rest breaks, state by state

The chip shows what the state requires. Tap any state for the full meal and rest break rule.

The basics

How break laws work

There is no federal law that entitles adult workers to a meal or rest break. Federal law only decides whether break time is paid: a short break of 5 to 20 minutes must be paid, while a real meal break of 30 minutes or more can be unpaid if you are free of all duties.

States fill the gap. Around 23 require a meal break once a shift passes a set length, and 8 of those also require a paid 10-minute rest break for every 4 hours worked. Everywhere else, breaks are up to your employer. Rules for workers under 18 are usually stricter. This is general information, not legal advice.

Common questions

Break law FAQ

Which states require meal or rest breaks?
About 23 jurisdictions require a meal break, and 8 also require a paid rest break: California, Colorado, Kentucky, Minnesota, Nevada, Oregon, Vermont, and Washington. Most other states leave breaks up to the employer.
Does federal law require breaks?
No. The federal Fair Labor Standards Act does not require meal or rest breaks. It only sets whether break time is paid: short breaks of 5 to 20 minutes must be paid, and bona fide meal periods of 30 minutes or more can be unpaid.
Do breaks have to be paid?
Short breaks of 5 to 20 minutes count as work time and must be paid. A meal period of 30 minutes or more can be unpaid, but only if you are completely relieved of duty during it.

David Scott compiles and verifies minimum wage rates, tipped wages, and overtime rules from official state and federal labor department sources, and re-checks every page when rates change. See how the data is sourced.