Verified against official state labor departments Updated for 2026
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Federal Break Laws (2026)

Whether you are entitled to a meal break or a paid rest break in the U.S., and whether that time has to be paid.

Updated for 2026 Verified Jul 6, 2026
Compiled and verified by David Scott · Verified Jul 6, 2026

Federal law (the FLSA) does not require meal or rest breaks. When employers offer short breaks of 5 to 20 minutes, those must be paid; bona fide meal periods of 30 minutes or more, during which you are relieved of duty, do not have to be paid. Many states go further, so check your state rule.

Break rules in the U.S.

Meal break
No federal requirement
Paid rest break
No federal requirement

Paid or unpaid?

Federal law sets the baseline for whether break time is 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 fully relieved of duty, if you have to keep working, or answer the phone, or stay at your station, the time must be paid. This is general information, not legal advice.

Common questions

Federal break law FAQ

Does the U.S. require meal breaks?
No. Federal law does not require meal breaks for adult employees. Breaks are up to the employer, but a short break of 5 to 20 minutes that is offered must be paid.
Does the U.S. require paid rest breaks?
No. Federal law does not require a separate paid rest break for adult employees.
Do breaks have to be paid?
Under federal law, short breaks of 5 to 20 minutes are counted as work time and must be paid. A bona fide meal period of 30 minutes or more, where you are fully relieved of duty, does not have to be paid.
Are there different rules for minors?
Yes. Most states set stricter meal and rest break rules for workers under 18. This page covers adult employees in the private sector; check your state labor office for the rules that apply to minors.
Where can I find the official federal rule?
The U.S. Department of Labor, Wage and Hour Division publishes the state break tables. The official source is linked on this page.
David Scott

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.