Individual states set these standards. In states that already require breaks for adult workers, the rules for minors may be stricter.
Although many states require employers to grant workers unpaid lunch breaks, fewer states’ labor laws require that workers receive rest breaks -- often known as coffee breaks -- during their shifts. Below we’ve summed up all of the federal and state laws covering lunch breaks. But fewer than half of the states in the U.S. make meal breaks for employees a legal requirement. Bon appétit. Only eight states require employers to provide rest breaks: California, Colorado, Kentucky, Minnesota, Nevada, Oregon, Vermont and Washington.

Breaks and lunch periods are times, specified by the employer, during which nonexempt employees are not actively working on the job. It may come as a surprise to know that the US Department of Labor (DOL) does not require employers to offer rest breaks or lunch breaks to employees. For example, many states allow breastfeeding breaks to run concurrently with any other breaks provided by an employer, including meal and rest breaks. The FLSA is one of the most expansive (and important) pieces of HR and payroll legislation in history. For state-by-state information on these additional break requirements, see Lactation/Breastfeeding Breaks and Facility Accommodation Requirements by State and Municipality and Day of Rest Requirements by State . In Delaware, for example, employers must provide a 30-minute meal break to employees who work at least seven and a half hours; minors are entitled to a 30-minute break once they work five hours. Several states require employers to provide a meal (lunch) break of at least 30 minutes for employees who work more than 5 or 6 hours at a time. In the states that do require lunch and meal breaks based on the hours worked in a day, employees who work at least five or six hours must have a meal break -- but it cannot be at the end of the shift. Employees use break time, which generally lasts from five to 20 minutes per four hours worked, to eat, visit the restroom, read, talk … Lunch and meal breaks are largely a function of state law, which means different states have different rules.
Some states require employers to give meal or rest breaks to younger workers. Further complicating matters, nearly half of states do require access to lunch breaks after a certain number of hours worked. Some states not only require the employer to provide lunch and other breaks, but also imposes very specific penalties for failure to do so. A few states require employers to provide a second 30-minute (minimum) lunch break for employees that work more than 10 hours in a work day. However, if offered, the employer must clarify the duration and frequency of break time. State law requires paid breaks; The employee works through a break time (e.g., if they eat while working) The break lasts 20 minutes or less; Does Your State Require Lunch Breaks?

Federal Rules. Some states’ laws apply only to employees who are minors, which we indicate in the table below. Check states’ laws for additional provisions and exemptions.

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