Unpaid lunch break rules
When a lunch break can come off your hours, when it can't, and what your state adds.
Are lunch breaks paid?
A lunch break doesn't have to be paid if you are completely relieved of duty during it. Ordinarily, 30 minutes or more is long enough (29 CFR 785.19). Short breaks of 5 to 20 minutes are paid work time (29 CFR 785.18). Federal law doesn't require either kind of break, but some states require meal breaks.
What federal law says
The Fair Labor Standards Act doesn't require employers to give meal or rest breaks. It does decide which breaks are paid when an employer offers them.
Short breaks are paid. Rest periods of about 5 to 20 minutes are common, help efficiency, and are counted as hours worked (29 CFR 785.18). An employer can't deduct a 10-minute coffee break from your time.
Meal periods can be unpaid, with conditions. A bona fide meal period is not work time (29 CFR 785.19). To qualify:
- You must be completely relieved from duty for the purpose of eating.
- It is ordinarily 30 minutes or more. A shorter period can qualify under special conditions.
- You don't have to leave the premises, but you can't be doing your job.
If you eat at your desk while answering phones, watching a machine, or waiting on customers, you are working, and that time must be paid.
State meal and rest break laws
Some states require meal breaks, and a few also require rest breaks. The rules vary in break length, when the break must start, which workers are covered, and whether the employee can waive it. The table below lists each state's rule with a link to its source. The Department of Labor also publishes state-by-state tables of meal and rest period laws.
A few examples show the range:
- California requires a 30-minute meal period before the end of the fifth hour of work when the workday is longer than 5 hours. It can be waived by mutual consent if the workday is no more than 6 hours. A second meal period is required for workdays longer than 10 hours (Labor Code §512). Rest breaks of 10 minutes for every 4 hours worked, or major fraction of 4 hours, come from the Industrial Welfare Commission wage orders. If a required meal or rest period isn't provided, the employer owes one extra hour of pay at the regular rate for that workday (Labor Code §226.7).
- New York requires a meal period for longer shifts, with timing tied to the hours worked (Labor Law §162).
- Washington requires a 30-minute meal period for shifts over 5 hours and a 10-minute paid rest break for every 4 hours worked (WAC 296-126-092).
These are summaries. Rules for minors, specific industries, and union workplaces are often different. Check your state labor department for the details that apply to you.
| State | Meal break | Rest break | Notes | Source | Last checked |
|---|---|---|---|---|---|
| Alabama | No state requirement (federal rules apply) | None | The U.S. Department of Labor lists no state meal or rest break rule for adults. | Alabama Department of LaborCheck source | November 1, 2026 |
| Alaska | No state requirement (federal rules apply) | None | The U.S. Department of Labor lists no state meal or rest break rule for adults. | Alaska Wage and HourCheck source | November 1, 2026 |
| Arizona | No state requirement (federal rules apply) | None | The U.S. Department of Labor lists no state meal or rest break rule for adults. | Industrial Commission of ArizonaCheck source | November 1, 2026 |
| Arkansas | No state requirement (federal rules apply) | None | The U.S. Department of Labor lists no state meal or rest break rule for adults. | Arkansas Division of LaborCheck source | November 1, 2026 |
| California | 30 min before the end of the 5th hour when the day is over 5 h. A second 30 min when it is over 10 h. | Paid 10 min per 4 h, or major fraction | The first meal can be waived by mutual consent if the day is 6 h or less. A missed meal or rest period costs the employer 1 extra hour of pay (Labor Code § 226.7). | DIR meal periods FAQ (Labor Code § 512) | November 1, 2026 |
| Colorado | 30 min, uninterrupted and duty-free, in shifts over 5 h | Paid 10 min per 4 h, or major fraction | COMPS Order #40, Rules 5.1–5.2. Some industries are exempt. | COMPS Order #40 poster | November 1, 2026 |
| Connecticut | 30 min after the first 2 h and before the last 2 h, for 7.5 consecutive h or more | None | Not required where the employer gives 30 min or more of paid rest or meal time in each 7.5 h. | Conn. Gen. Stat. § 31-51ii | November 1, 2026 |
| Delaware | 30 min after the first 2 h and before the last 2 h, for 7.5 consecutive h or more | None | A collective bargaining or other written agreement can set different terms. | 19 Del. C. § 707 | November 1, 2026 |
| District of Columbia | No state requirement (federal rules apply) | None | The U.S. Department of Labor lists no state meal or rest break rule for adults. | D.C. Department of Employment ServicesCheck source | November 1, 2026 |
| Florida | No state requirement (federal rules apply) | None | The U.S. Department of Labor lists no state meal or rest break rule for adults. | FloridaCommerceCheck source | November 1, 2026 |
| Georgia | No state requirement (federal rules apply) | None | The U.S. Department of Labor lists no state meal or rest break rule for adults. | Georgia Department of LaborCheck source | November 1, 2026 |
| Hawaii | No state requirement (federal rules apply) | None | The U.S. Department of Labor lists no state meal or rest break rule for adults. | Hawaii Wage Standards DivisionCheck source | November 1, 2026 |
| Idaho | No state requirement (federal rules apply) | None | The U.S. Department of Labor lists no state meal or rest break rule for adults. | Idaho Department of LaborCheck source | November 1, 2026 |
| Illinois | At least 20 min, starting no later than 5 h into a work period of 7.5 continuous h or more | None | Longer shifts earn more meal time. Separate rules for hotel room attendants in large counties. | 820 ILCS 140/3 | November 1, 2026 |
| Indiana | No state requirement (federal rules apply) | None | The U.S. Department of Labor lists no state meal or rest break rule for adults. | Indiana Department of LaborCheck source | November 1, 2026 |
| Iowa | No state requirement (federal rules apply) | None | The U.S. Department of Labor lists no state meal or rest break rule for adults. | Iowa Workforce Development, Labor ServicesCheck source | November 1, 2026 |
| Kansas | No state requirement (federal rules apply) | None | The U.S. Department of Labor lists no state meal or rest break rule for adults. | Kansas Department of LaborCheck source | November 1, 2026 |
| Kentucky | A reasonable period, ordinarily 30 min, between the 3rd and 5th hour | Paid 10 min per 4 h (KRS 337.365) | Coffee and snack breaks don't count toward the meal period. | KRS 337.355 | November 1, 2026 |
| Louisiana | No state requirement (federal rules apply) | None | The U.S. Department of Labor lists no state meal or rest break rule for adults. | Louisiana Workforce CommissionCheck source | November 1, 2026 |
| Maine | 30 min after 6 consecutive h | None | Not required where fewer than 3 employees are on duty and they can take frequent paid breaks. | 26 M.R.S. § 601 | November 1, 2026 |
| Maryland | Retail only: 15 min for 4–6 consecutive h, 30 min for more than 6 h | Retail only: an extra 15 min for every additional 4 consecutive h past 8 | Applies to retail establishments, not restaurants or wholesalers. | Md. Code, Lab. & Empl. § 3-710 | November 1, 2026 |
| Massachusetts | 30 min for work over 6 h | None | The worker must be free of all duties and free to leave. | M.G.L. c. 149, § 100 | November 1, 2026 |
| Michigan | No state requirement (federal rules apply) | None | The U.S. Department of Labor lists no state meal or rest break rule for adults. | Michigan Wage and Hour DivisionCheck source | November 1, 2026 |
| Minnesota | At least 30 min for 6 or more consecutive h | Paid, at least 15 min or time to reach a restroom, within each 4 consecutive h (Minn. Stat. § 177.253) | Rest breaks under 20 min can't be deducted from hours worked. | Minn. Stat. § 177.254 | November 1, 2026 |
| Mississippi | No state requirement (federal rules apply) | None | The U.S. Department of Labor lists no state meal or rest break rule for adults. | Mississippi Department of Employment SecurityCheck source | November 1, 2026 |
| Missouri | No state requirement (federal rules apply) | None | The U.S. Department of Labor lists no state meal or rest break rule for adults. | Missouri Division of Labor StandardsCheck source | November 1, 2026 |
| Montana | No state requirement (federal rules apply) | None | The U.S. Department of Labor lists no state meal or rest break rule for adults. | Montana Department of Labor and IndustryCheck source | November 1, 2026 |
| Nebraska | 30 min off premises in each 8-h shift | None | Only assembly plants, workshops and mechanical establishments. | Neb. Rev. Stat. § 48-212 | November 1, 2026 |
| Nevada | 30 min for 8 continuous h | Paid 10 min per 4 h, or major fraction | Employers with 2 or more employees. Collective bargaining agreements can differ. | NRS 608.019 | November 1, 2026 |
| New Hampshire | 30 min after 5 consecutive h | None | Not required if the employee can eat while working and the employer allows it. | RSA 275:30-a | November 1, 2026 |
| New Jersey | No state requirement (federal rules apply) | None | The U.S. Department of Labor lists no state meal or rest break rule for adults. | New Jersey Wage and Hour ComplianceCheck source | November 1, 2026 |
| New Mexico | No state requirement (federal rules apply) | None | The U.S. Department of Labor lists no state meal or rest break rule for adults. | New Mexico Department of Workforce SolutionsCheck source | November 1, 2026 |
| New York | 30 min midday for shifts over 6 h that span the noon meal period (60 min in factories) | None | Extra meal periods for shifts that run into the evening or start at night. | N.Y. Labor Law § 162 | November 1, 2026 |
| North Carolina | No state requirement (federal rules apply) | None | The U.S. Department of Labor lists no state meal or rest break rule for adults. | N.C. Department of LaborCheck source | November 1, 2026 |
| North Dakota | 30 min in each shift over 5 h, when 2 or more employees are on duty | None | The employee can waive it by agreement with the employer. | N.D. Admin. Code 46-02-07-02 | November 1, 2026 |
| Ohio | No state requirement (federal rules apply) | None | The U.S. Department of Labor lists no state meal or rest break rule for adults. | Ohio Wage and Hour BureauCheck source | November 1, 2026 |
| Oklahoma | No state requirement (federal rules apply) | None | The U.S. Department of Labor lists no state meal or rest break rule for adults. | Oklahoma Department of LaborCheck source | November 1, 2026 |
| Oregon | 30 min, duty-free, for each work period of 6 to 8 h | Paid 10 min per 4 h, or major part | Timing depends on the length of the work period. | OAR 839-020-0050 | November 1, 2026 |
| Pennsylvania | No state requirement (federal rules apply) | None | The U.S. Department of Labor lists no state meal or rest break rule for adults. | Pennsylvania Department of Labor & IndustryCheck source | November 1, 2026 |
| Rhode Island | 20 min within a 6-h shift, 30 min within an 8-h shift | None | Exceptions for licensed health care facilities and employers with fewer than 3 people on a shift. | R.I. Gen. Laws § 28-3-14 | November 1, 2026 |
| South Carolina | No state requirement (federal rules apply) | None | The U.S. Department of Labor lists no state meal or rest break rule for adults. | South Carolina LLRCheck source | November 1, 2026 |
| South Dakota | No state requirement (federal rules apply) | None | The U.S. Department of Labor lists no state meal or rest break rule for adults. | South Dakota Department of LaborCheck source | November 1, 2026 |
| Tennessee | 30 min unpaid when scheduled for 6 consecutive h | None | Not during or before the first hour of work. Exceptions where the work allows ample break opportunities. | Tenn. Code § 50-2-103(h) | November 1, 2026 |
| Texas | No state requirement (federal rules apply) | None | The U.S. Department of Labor lists no state meal or rest break rule for adults. | Texas Workforce CommissionCheck source | November 1, 2026 |
| Utah | No state requirement (federal rules apply) | None | The U.S. Department of Labor lists no state meal or rest break rule for adults. | Utah Labor CommissionCheck source | November 1, 2026 |
| Vermont | Reasonable opportunities to eat | Reasonable opportunities to use toilet facilities | No fixed length or timing. | 21 V.S.A. § 304 | November 1, 2026 |
| Virginia | No state requirement (federal rules apply) | None | The U.S. Department of Labor lists no state meal or rest break rule for adults. | Virginia Department of Labor and IndustryCheck source | November 1, 2026 |
| Washington | 30 min, starting between the 2nd and 5th hour, for shifts over 5 h | Paid 10 min per 4 h | No more than 3 h of work without a rest break. | WAC 296-126-092 | November 1, 2026 |
| West Virginia | 20 min for 6 or more hours | None | Required where employees don't get breaks or can't eat while working. | W. Va. Code § 21-3-10a | November 1, 2026 |
| Wisconsin | No state requirement (federal rules apply) | None | The U.S. Department of Labor lists no state meal or rest break rule for adults. | Wisconsin Equal Rights DivisionCheck source | November 1, 2026 |
| Wyoming | No state requirement (federal rules apply) | None | The U.S. Department of Labor lists no state meal or rest break rule for adults. | Wyoming Department of Workforce ServicesCheck source | November 1, 2026 |
Automatic lunch deductions
Many payroll systems take 30 minutes off every shift automatically. That is legal only if the break actually happens. When lunch is interrupted, cut short, or skipped, the deduction has to come off, and the time has to be paid. Automatic deductions are a common source of unpaid wages because nobody notices the missed lunches.
Your own record helps here. If you write down the days you worked through lunch, you can compare them with your pay stub.
Worked example
A shift from 7:00 AM to 3:30 PM with a 30-minute unpaid lunch and two 10-minute rest breaks:
- 3:30 PM − 7:00 AM = 8 hours 30 minutes
- Subtract the unpaid lunch: 8:30 − 0:30 = 8:00
- The two 10-minute breaks are paid, so nothing more comes off.
- Hours worked: 8:00 (8.00)
If the lunch was interrupted after 10 minutes to help a customer and you were not relieved again, the whole 30 minutes is work time. The day becomes 8:30 (8.50).
Open this day in the calculator
How to enter breaks in the calculator
- Type the break length in minutes in the Break column. It is unpaid unless you tick Paid.
- Breaks under 20 minutes start out marked Paid, following 29 CFR 785.18. You can change that.
- For an automatic deduction, set "Deduct 30 min on days longer than 6 h". Any break you type in takes priority over the automatic deduction for that day.
- Up to 3 breaks per day. A split shift is entered as one shift with an unpaid break in the middle.
Last reviewed: Our sources and method
Frequently asked questions
Is a 30-minute lunch break required by law?
Not under federal law. Some states require a meal break after a set number of hours, often 30 minutes for shifts over 5 or 6 hours. Check your state's row in the table or your state labor department.
Does my lunch break have to be unpaid?
No. An employer may pay for lunch. It may be left unpaid only if you are completely relieved of duty, and it is ordinarily 30 minutes or longer (29 CFR 785.19). If you keep working while you eat, the time is paid.
Are 15-minute breaks paid?
Under federal rules, yes. Rest breaks of about 5 to 20 minutes count as hours worked and are paid (29 CFR 785.18). Federal law doesn't require employers to offer them, but when they do, they can't deduct them.
Can I skip lunch and leave early?
It depends on your state and your employer. Federal law doesn't require a lunch break, so it is up to the employer where no state rule applies. In California, a meal period can be waived only in limited cases, such as a workday of no more than 6 hours.
How does the calculator handle breaks?
You enter each break in minutes and mark it Paid or unpaid. Unpaid breaks come off the day's total. Paid breaks stay in. Breaks under 20 minutes start out as Paid. You can also set an automatic deduction, which applies only on days where no break is entered.