State
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Meals and Breaks Law Summary
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Pennsylvania
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Pennsylvania employers are required to provide a 30 minute break period to
employees ages 14 through 17 who work five or more consecutive hours. Child
Labor Law, Act of 1915, P.L. 286, No. 177, Section 4. Employers are not
required to give breaks for employees 18 and over. If an employer chooses to
provide breaks, and the break last less than 20 minutes, it must be paid. If an
employer allows meal periods, it does not have to be paid if the employee
does not work during the meal period and it lasts more than 20 minutes.
Pennsylvania Code §231.1
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Rhode Island
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Rhode Island employers must provide employees with a 20-minute meal
period during a six-hour shift, and a 30-minute meal during an eight-hour shift.
This does not include healthcare facilities or companies employing fewer than
three employees at one site during a shift. (Unable to find legal basis for this
rule, although Rhode Island's Department of Labor claims it to be so.)
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South Carolina
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South Carolina 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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South Dakota
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South Dakota 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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Tennessee
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Tennessee employers must provide a 30-minute rest period to employees
who are scheduled to work six (6) consecutive hours, except in workplace
environments where the nature of the business provides for ample opportunity
to rest or take an appropriate break. Title 50-2-103 (h). Employers are not
required by state law to provide any other breaks. However, if an employer
chooses to do so, non-meal breaks, usually of the type lasting less than 20
minutes, must be paid.
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Texas
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Texas 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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Utah
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Utah employers must provide a meal period of not less than 30 minutes to
employees under the age of 18 scheduled to work more than 5 hours.
Employers must provide a rest break of at least 10 minutes to employees
under the age of 18 for every 3 hour period or part thereof that is worked. UAC
R610-2-3.
Utah 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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Vermont
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Under Vermont law, an employer must provide its employees with “reasonable
opportunity” to eat and use toilet facilities in order to protect the health and
hygiene of the employee. 21 VSA 304. Under federal law, 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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Virginia
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Virginia employers must provide a lunch period of at least 30 minutes to
employees ages 14 and 15 when scheduled to work for more than 5 hours
continuously. VRS § 40.1-80.
Virginia does not require employers to provide breaks, including lunch breaks,
for workers 16 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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Washington
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Washington employers must provide employees a paid rest break of at least
10 minutes for each 4 hours worked. The rest period must be allowed no later
than the end of the third hour of the shift.
Employers must provide at least a 30 minute meal period if an employee
works more than 5 hours in a shift. Employees must be at least two hours into
the shift before the meal time can start and the meal time cannot start more
than five hours after the beginning of the shift. Employers are not required to
pay for meal periods if workers are free from any duties for their entire meal
period. Workers must be paid during their meal break when:
a) they are required or allowed to remain on duty
b) they are required to be on-call at the business premises or
designated worksite to be available to return to duty even if they are not
in fact called back to duty
c) they are called back to duty during their meal period even though they
normally are not on call during the meal period
WAC 296-126-092
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West Virginia
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In situations where employees are not afforded necessary breaks and/or
permitted to eat while working, West Virgina employers must provide their
employees at meal break of least 20 minutes when scheduled to work 6 or
more hours, at times reasonably designated by the employer. WVSC
21-3-10a. Other rest periods, granted at the discretion of the employer, must
be paid if they last less than 20 minute. WV Wage and Hour Standards 42-5-2.
Employers must provide employees under the age of 16 a lunch period of at
least 30 minutes if scheduled to work more than 5 hours. WVSC 21-6-7.
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Wisconsin
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Wisconsin employers must provide employees under the age of 18 at least a
30-minute duty free meal period when working a shift greater than 6 hours in
duration.
Wisconsin does not require employers to provide breaks, including lunch
breaks, for workers 18 years old or older, although it is recommended. An
employer who chooses to provide a break in excess of 30 minutes does not
have to pay wages for the break period if the employee is free to leave the
worksite and the employee does not actually perform work. Breaks lasting
less than 30 minutes must be paid. WAC, Chapter DWD 274.02(2)
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Wyoming
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Wyoming 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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