State
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Meals and Breaks Law Summary
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Montana
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Montana 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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Nebraska
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Nebraska employers are required to provide employees in assembling plants,
mechanical establishments, and workshops a 30-minute lunch period in each
shift of at least 8 hours. Neb. Rev. Stat. §§48-212 to 48-213. For all other
businesses, such lunch periods or any other type of break are given solely at
the discretion of the employer regardless of the length of the work shift.
However, in accordance with federal law, if an employer chooses to provide
additional breaks, they must be paid if they are of the type usually lasting less
than 20 minutes. 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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Nevada
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Nevada employers must provide employees a meal period of at least 30
minutes when working for a continuous period of 8 hours. Employers must
provide employees a break of a minimum of 10 minutes for each 4 hours
worked or major fraction thereof. Employers do not need to provide a break to
employees working less that 3.5 hours. The break must be paid.
Exceptions to the meal and break requirements include:
(a) Situations where only one person is employed at a particular place
of employment.
(b) Employees included within the provisions of a collective bargaining
agreement.
(c) Exemptions granted by the Labor Commission after the employer
has shown sufficient evidence that business necessity precludes
providing such benefits.
NRS 608.019
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New
Hampshire
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New Hampshire employer cannot require that an employee work more than
five consecutive hours without granting a 30 minute lunch or eating period. If
the employer cannot allow 30 minutes, the employee must be paid if they are
eating and working at the same time. In accordance with federal law, if an
employer chooses to provide additional breaks, they must be paid if they are of
the type usually lasting less than 20 minutes. NH RSA 275:30-A
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New Jersey
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New Jersey employers must provide employees under the age of 18 with a 30
minute break after 5 consecutive hours of work. NJSA 34:2-21.17d(g)(4)
New Jersey does not require employers to provide breaks, including lunch
breaks, for workers 18 years old or older. An employer who chooses to provide
a break in excess of 20 minutes does not have to pay wages for lunch periods
or other breaks if the employee is free to leave the worksite, in fact takes their
lunch or break, and the employee does not actually perform work. According to
federal law, breaks 20 minutes or shorter typically must be paid.
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New Mexico
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New Mexico does not have any laws requiring an employer to provide a meal
period or breaks to employees, thus the federal rule applies. However, if an
employer chooses to provide a break or meal period, it must be paid if it last
less than 30 minutes.
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New York
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Every person in New York employed in or in connection with a factory shall be
allowed at least sixty minutes for the noonday meal.
Every person employed in or in connection with a mercantile or other
establishment or occupation coming under the provisions of this chapter shall
be allowed at least thirty minutes for the noonday meal, except as in this
chapter otherwise provided. The noon day meal period is recognized as
extending from eleven o'clock in the morning to two o'clock in the afternoon. An
employee who works a shift of more than six hours which extends over the
noonday meal period is entitled to at least thirty minutes off within that period
for the meal period.
Every person employed for a period or shift starting before eleven o'clock in the
morning and continuing later than seven o'clock in the evening shall be
allowed an additional meal period of at least twenty minutes between five and
seven o'clock in the evening.
Every person employed for a period or shift of more than six hours starting
between the hours of one o'clock in the afternoon and six o'clock in the
morning, shall be allowed at least sixty minutes for a meal period when
employed in or in connection with a factory, and forty-five minutes for a meal
period when employed in or in connection with a mercantile or other
establishment or occupation coming under the provision of this chapter, at a
time midway between the beginning and end of such employment.
The commissioner may permit a shorter time to be fixed for meal periods than
provided. The permit therefore shall be in writing and shall be kept
conspicuously posted in the main entrance of the establishment. Such permit
may be revoked at any time.
In administering this statute, the Department applies the following
interpretations and guidelines:
Employee Coverage: Section 162 applies to every "person" in any
establishment or occupation covered by the Labor Law. Accordingly, all
categories of workers are covered, including white collar management
staff.
Shorter Meal Periods: The Department will permit a shorter meal period
of not less than 30 minutes as a matter of course, without application by
the employer, so long as there is no indication of hardship to
employees. A meal period of not less than 20 minutes will be permitted
only in special or unusual cases after investigation and issuance of a
special permit.
One Employee Shift: In some instances where only one person is on
duty or is the only one in a specific occupation, it is customary for the
employee to eat on the job without being relieved. The Department of
Labor will accept these special situations as compliance with Section
162 where the employee voluntarily consents to the arrangements.
However, an uninterrupted meal period must be afforded to every
employee who requests this from an employer.
Section 162 of the New York State Labor Law
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North Carolina
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North Carolina employers must provide employees 14 or 15 years of age with
a 30 minute break when scheduled to work over 5 hours. NCGS § 95-25.5(e)
North Carolina employers are not required to provide either a rest break
(generally 10 or 15 minutes) or a meal break (usually 30 minutes or more) for
anyone who is 16 years of age or older. However, in accordance with federal
law, if an employer chooses to provide additional breaks, they must be paid.
Meal or lunch periods 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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North Dakota
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North Dakota employers are required to provide employees with an unpaid
30-minute uninterrupted meal break when scheduled to work more than 5
hours and two or more employees are on duty. ND Administrative Code
Chapter 46-02-07-02(5). An employer is not required to provide any other
breaks. However, if they do, the breaks must be paid if they are less than 30
minutes.
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Ohio
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Ohio employers must provide employees under the age of 18 a 30-minute
uninterrupted break when working more than five (5) consecutive hours. ORC
Chapter 4109.07(C)
Ohio does not require employers to provide breaks, including lunch breaks, for
workers 18 years old or older. An employer who chooses to provide a break in
excess of 20 minutes does not have to pay wages for lunch periods or other
breaks if the employee is free to leave the worksite, in fact takes their lunch or
break, and the employee does not actually perform work. According to federal
law, breaks 20 minutes or shorter typically must be paid.
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Oklahoma
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Oklahoma employers must provide employees under the age of 16 a
30-minute rest period when scheduled to work more than 5 consecutive hours.
Moreover, employers must provide employees under 16 years of age a 1 hour
cumulative rest period for each 8 consecutive hours worked. OS Title 40,
Section 75.
Oklahoma 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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Oregon
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Oregon employers must provide employees with at least a 30-minute unpaid
meal period when the work period is 6 hours or greater. The law requires an
uninterrupted period in which the employee is relieved of all duties. No meal
period is required if the work period is less than six hours. ORS 653.261; OAR
839-020-0050
Oregon employers must provide employees 18 years of age and over with a
paid, uninterrupted 10-minute rest break for every four-hour segment or major
portion thereof in the work period. OAR 839-020-0050(1)(b). The rest break
should be given in the middle of each segment, whenever possible.
Employers must provide employees under the age of 18 uninterrupted rest
breaks of at least 15 minutes for each four-hour segment of work or major
portion thereof. OAR 839-021-0072.
(See also OAR 839-020-0051 Rest Periods for Expression of Milk)
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