The Employer’s Guide to Federal Meal and Rest Break Laws

Updated August 22, 2024

Understanding the federal laws around providing meal and rest breaks to employees is essential in maintaining compliance. This guide outlines the rules under the Federal Labor Standards Act (FLSA). To see the laws in individual states, please visit our HR Laws & Regulations resource.

An Overview of Federal Break Laws

The two main bodies dictating the provision of breaks to employees are the FLSA and OSHA (Occupational Safety and Health Administration).

FLSA

Under the FLSA, employers are not required to provide meal or rest break periods to employees.

When employers provide employees rest breaks that last 20 minutes or less, federal law requires that those breaks be paid. Additionally, that time must be used in the total number of hours worked during a workweek to determine if the employee worked overtime.

By contrast, meal breaks that last 30 minutes or more can typically be unpaid if the employee is relieved of all work duties.

The New York Times reports that nearly two-thirds of American workers eat lunch at their desks. If an employee is not relieved of work duties (i.e., is eating at their desk while working), they should not be required to take an unpaid meal break.

OSHA

OSHA doesn’t require employers to provide breaks, as they can be negotiated through labor contracts. Taking a break may not impact the safety of those working in most jobs. However, when safety is an issue and a break is necessary, OSHA regulations may apply.

OSHA does require employers to provide access to clean bathrooms when employees need to use the restroom. Employers can also require employees to request a replacement before leaving to use the restroom, as long as the wait isn’t long.

Federal Break Laws: What Breaks are Required?

The Fair Labor Standards Act (FLSA), the primary federal law governing labor standards, does not require employers to provide meal or rest breaks. Short breaks, typically lasting about 5 to 20 minutes, are common in workplaces. If these breaks are provided, the FLSA requires that they be paid and counted as hours worked.

Federal Meal Break Laws: When and How Long?

Since meal breaks are not required under federal law, offering them to employees is based on employer discretion. If an employer chooses to provide meal breaks, they generally don’t have to pay employees for this time, as long as the break lasts at least 30 minutes and the employee is completely relieved from duty during this time.

Does Your Timekeeping System Automatically Clock Employees Out for Lunch?

Unfortunately, a timekeeping practice that automatically clocks out an employee for lunch can create problems for employers. If your time and attendance system automatically clocks employees out for lunch, even those who are still working, that puts you at risk.

It is also a problem if your employee does take a lunch break, but continues to be responsible for work-related tasks. In this situation, employees must be paid for their meal breaks.

Not tracking breaks or lunch properly is a common off-the-clock work violation and can be very costly. It puts you at risk for a lawsuit, and DOL penalties. All of these affect your bottom line and hurt employee relations. If you are still using an old-fashioned punch clock, considering upgrading to a clock that tracks breaks.

In states that require meal and rest breaks, it becomes extremely expensive for employers who do not follow break laws.

How Do State Laws Relate to Federal Laws?

Various states have enacted legislation that requires the provision of meal and rest breaks. However, those laws vary widely between the states. Check your state’s requirements in our HR Laws & Regulations resource.

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

FAQ about Federal Meal and Rest Break Requirements

How many breaks in an 8-hour shift by law?

Federal law doesn’t require employers to provide breaks during a shift of any length of time. Your state may have a separate requirement.

Are 15-minute breaks required by law?

Offering 15-minute breaks is not a legal requirement under any federal law. A state law may apply, requiring the provision of breaks. However, if an employer does offer 15-minute rest breaks to employees, they must be paid.

Do you get a 15-minute break after working 4 hours?

Your employer may offer you a 15-minute rest break after working 4 hours. If a law applies in your state, it would be required. If the state defers to federal law, the timing of the break would be based on employer discretion.

Are 15-minute breaks required by law?

No federal law requires an employer to provide 15-minute rest breaks to employees. State law may apply.

Can I work 6 hours without a lunch break?

Under the FLSA, employees can work any number of hours without a required meal break. A different law may apply in your state.

How many breaks in a 10-hour shift?

The FLSA doesn’t mandate the provision of meal or rest breaks. States that defer to federal law do not require employers to provide breaks during any length of shift.

Make Sure Employees and Managers Know the Laws

It’s crucial to make sure that employees and managers understand break expectations. However, some employees will still feel pressure to clock out and continue to work. Therefore, it is just as important to make sure that employees and managers understand that properly tracking work time is just as important.

Employers who use time and attendance software can properly track employee breaks per state law. These employers can also provide longer unpaid breaks.

Get the Support and Resources to Maintain Compliance with Meal and Break Laws

Employers across the country have to comply with break laws. Additionally, many businesses are subject to overlapping city ordinances defining sick leave accrual, overtime, and predictive scheduling laws.

Moreover, employers must also comply with federal overtime laws specified under the Fair Labor Standards Act (FLSA), the Family Medical Leave Act (FMLA), and any other national or local laws that are enacted.

We provide a comprehensive array of workforce management tools that can help small businesses more easily comply with federal, state and local laws. WorkforceHub, our small business HR solution keeps records for years and tracks time and labor data automatically. Employers can run time and labor reports necessary for state and city laws. Additionally, with mobile functionality, businesses can effortlessly track time worked in specific cities to ensure compliance.