State
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Meals and Breaks Law Summary
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Alabama
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Alabama employers are required to provide a 30-minute meal/rest period to
employees ages 14 and 15 who are scheduled to work 5 continuous hours.
Code of Alabama Title 25, 8-38
Alabama employers are not required to provide a meal period or breaks to
employees 16 years of age and over, thus the federal rule applies. The federal
rule does not require an employer to provide either a meal (lunch) period or
breaks. However, if an employer chooses to do so, breaks, usually of the type
lasting less than 20 minutes, must be paid. Meal or lunch periods (usually 30
minutes or more) do not need to be paid, so long as the employee is free to do
as they wish during the meal or lunch period.
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Alaska
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Alaska employers are required to provide at least a 30-minute break to
employees ages 14-17 if they work 5 or more consecutive hours. The break
must occur after the first hour and a half of work but before the beginning of the
last hour of work. Alaska Statute 23-10-350
Alaska employers are not required to provide breaks to employees ages 18
and over. However, if an employer chooses to provide a break, it must pay its
employees for the time on break if it is 20 minutes or less. Meal periods
provided by employers of over 20 minutes do not need to be paid, so long as
employees do not perform any work.
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Arizona
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Arizona does not have any laws requiring an employer to provide a meal period
or breaks to employees, thus the federal rule applies. The federal rule does
not require an employer to provide either a meal (lunch) period or breaks.
However, if an employer chooses to do so, breaks, usually of the type lasting
less than 20 minutes, must be paid. Meal or lunch periods (usually 30
minutes or more) do not need to be paid, so long as the employee is free to do
as they wish during the meal or lunch period.
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Arkansas
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Arkansas does not require employers to provide meals or breaks (except to
children under the age of 16 employed in the entertainment industry).
AK Admin. Regs. for Child Labor Section 2.402(c)
However, if an employer chooses to provide a break period of 20 minutes or
less, it must be paid. Additionally, if an employer chooses to provide a meal
period (typically 30 minutes or longer), it may be unpaid so long as the
employee is completely relieved of all work duties during the meal period.
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California
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California employees must be provided with a meal period of no less than a
30-minute when they work more than 5 consecutive hours (more than 6 hours
for employees in the motion picture industry in specific situations).
CA Dept. of Industrial Relations: Meal Periods. Unless the employee is
relieved of all duties during the entire 30-minute meal period and is free to
leave the employer's premises, the meal period must be counted as hours
worked and paid at the employee's regular rate of pay. California law only
permits employers to provide an "on duty" meal period when the nature of the
work prevents the employee from being relieved of all duty and when by written
agreement between the employer and employee an on-the-job meal
period is agreed to. CA Labor Code Section 512
Certain non-exempt employees must be provided with a net 10-minute paid
rest period for every 4 hours worked or major fraction thereof. Insofar as is
practicable, the rest period should be in the middle of the work period. A rest
period is not required for employees whose total daily work time is less than
3 1/2 hours. The rest period is counted as time worked and therefore, the
employer must pay for such periods. CA Dept. of Industrial Relations: Rest
Periods.
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Colorado
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Colorado employers doing business in the retail and service, food and
beverage, commercial support services, or health and medical industries,
must provide their employees with a meal period of no less than 30-minutes
when they work more than 5 consecutive hours. The employee must be
relieved of all duties during the entire thirty-minute meal period. This
"duty-free" meal period may be unpaid. When it is not practical because of the
nature of an employee's job to permit a "duty-free" meal period, the employee
must be permit to consume an "on-duty" meal and must be compensated for
the break time. Colorado Minimum Wage Order Number 24, Section 7.
Colorado employers in the retail and service, food and beverage, commercial
support services, or health and medical industries must provide employees
with a 10-minute, paid break for every four hours worked or major fraction
thereof. The break should be in the middle of the shift, if practical. Colorado
Minimum Wage Order Number 24, Section 8.
Colorado does not have any meal or break requirements for employers in
industries other than retail and service, food and beverage, commercial
support services, and health and medical, thus the federal rules apply. The
federal rule does not require an employer to provide either a meal (lunch)
period or breaks. However, if an employer chooses to do so, breaks, usually
of the type lasting less than 20 minutes, must be paid. Meal or lunch periods
(usually 30 minutes or more) do not need to be paid, so long as the employee
is free to do as they wish during the meal or lunch period.
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Connecticut
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Connecticut employers must provide their employees a meal period of at least
30 consecutive minutes if they have worked for 7½ or more consecutive hours.
Such period shall be given at some time after the first two hours of work and
before the last two hours. The Labor Commissioner will exempt an employer
from this requirement if one of the following conditions is present:
a. complying with this requirement would endanger public safety;
b. the duties of the position can only be performed by one employee;
c. the employer employs less than 5 employees on that shift at that one
business location this only applies to that particular shift); or,
d. the employer's operation requires that employees be available to
respond to urgent conditions, and that the employees are
compensated for the meal period.
Conn. State Statutes 31-51ii.
There are no state laws requiring an employer to provide a break. However, in
accordance with federal law, if an employer chooses to do so, breaks, usually
of the type lasting less than 20 minutes, must be paid.
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Delaware
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Delaware employers must grant a meal break of at least 30 consecutive
minutes to employees 18 years of age or older scheduled to work 7.5 or more
hours per day. The meal break may be unpaid, except under rare
circumstances. Meal breaks must be given sometime after the first two (2)
hours of work and before the last (2) hours of work.
This rule does not apply when:
a) The employee is a professional employee certified by Delaware’s
State Board of Education and employed by a local school board to work
directly with children.
b) There is a collective bargaining agreement or other employer-
employee written agreement, which provides otherwise.
The Secretary of Labor has issued rules granting exemptions when:
a) Compliance would adversely affect public safety
b) Only one employee may perform the duties of a position
c) An employer has fewer than five employees on a shift at one location
(the exception would only apply to that shift).
d) Continuous nature of an employer's operations such as chemical
production or research experiments, requires employees to respond to
urgent or unusual conditions at all times and the employees are
compensated for their meal breaks.
Where exemptions are allowed, employees must be allowed to eat meals at
their workstations or other authorized locations and use rest room facilities as
reasonably necessary. Del. Code 19-707
Delaware employers must grant a meal break of at least 30 consecutive
minutes to employees under the age of 18 scheduled to work more than 5
hours continuously per day. Del. Code 19-507
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Florida
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Florida employers must grant a meal period of at least 30 minutes to
employees under the age of 18 who work for more than 4 hours continuously.
Florida Stat. Title 31, 450.081(4).
Florida does not have any laws requiring an employer to provide a meal period
or breaks to employees 18 years of age or older, thus the federal rule applies.
The federal rule does not require an employer to provide either a meal (lunch)
period or breaks. However, if an employer chooses to do so, breaks, usually
of the type lasting less than 20 minutes, must be paid. Meal or lunch periods
(usually 30 minutes or more) do not need to be paid, so long as the employee
is free to do as they wish during the meal or lunch period.
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Georgia
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Georgia does not have any laws requiring an employer to provide a meal
period or breaks to employees, thus the federal rule applies. The federal rule
does not require an employer to provide either a meal (lunch) period or breaks.
However, if an employer chooses to do so, breaks, usually of the type lasting
less than 20 minutes, must be paid. Meal or lunch periods (usually 30
minutes or more) do not need to be paid, so long as the employee is free to do
as they wish during the meal or lunch period.
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Hawaii
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Hawaii employers must grant a meal period of at least 30 minutes to
employees 14 or 15 years of age after five consecutive hours of work. HRS
390-2(c)(3).
Hawaii does not have any laws requiring an employer to provide a meal period
or breaks to employees 16 years of age or older, thus the federal rule applies.
The federal rule does not require an employer to provide either a meal (lunch)
period or breaks. However, if an employer chooses to do so, breaks, usually
of the type lasting less than 20 minutes, must be paid. Meal or lunch periods
(usually 30 minutes or more) do not need to be paid, so long as the employee
is free to do as they wish during the meal or lunch period.
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Idaho
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Idaho does not have any laws requiring an employer to provide a meal period
or breaks to employees, thus the federal rule applies. The federal rule does
not require an employer to provide either a meal (lunch) period or breaks.
However, if an employer chooses to do so, breaks, usually of the type lasting
less than 20 minutes, must be paid. Meal or lunch periods (usually 30
minutes or more) do not need to be paid, so long as the employee is free to do
as they wish during the meal or lunch period.
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Illinois
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An Illinois employee who is to work 7 1/2 continuous hours or more shall be
provided an unpaid meal period of at least 20 minutes. The meal period must
be given to an employee no later than 5 hours after beginning work. Illinois
does not have a law regarding breaks, thus the federal standard applies. The
federal rule does not require an employer to provide either a meal (lunch)
period or breaks. However, if an employer chooses to do so, breaks, usually
of the type lasting less than 20 minutes, must be paid. 820 ILCS 140/3.
For Illinois employees under the age of 16, employers must provide a meal
(lunch) period of at least 30 minutes if the employee is scheduled to work
more than 5 consecutive hours. 820 ILCS 205/4.
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