The federal rule
Federal law does not require lunch or coffee breaks (U.S. DOL, read October 31, 2026). What it does control is pay:
Scroll horizontally to view every column.
| What happens | The rule | Source |
|---|---|---|
| Short break, about 5 to 20 minutes | Paid. Counts toward hours and overtime | 29 CFR 785.18 |
| Meal break, ordinarily 30 minutes or more, with no duties | Can be unpaid | 29 CFR 785.19(a) |
| You eat at your desk or machine, or answer phones | That is work. It must be paid | 29 CFR 785.19(a); DOL Fact Sheet 22, revised July 2008 |
| You must stay in the building but have no duties | Can still be unpaid under federal law | 29 CFR 785.19(b) |
| You stretch a break past the time allowed | The extra time can be unpaid only if the employer clearly told you the limit, said overstaying breaks its rules, and said it will punish it | DOL Fact Sheet 22 |
| You need the restroom | Employers may not put unreasonable limits on use | OSHA, April 6, 1998 |
What it costs when a meal is deducted but you worked through it. Say the system takes off 30 minutes a shift for 5 shifts, at $18.00 an hour. That is 2.5 hours, or $45.00 a week. If you already passed 40 hours, those hours are overtime at $27.00: $67.50 a week, or $3,510 over 52 weeks. See unpaid wages for how to get it back.
If you work in a JobPin state
Rules vary by state. This is what the two DOL tables and the state agencies say for the 10 states with JobPin city pages.
Scroll horizontally to view every column.
| State | Meal break | Paid rest break | Agency to call |
|---|---|---|---|
| Arizona, Florida, Georgia, Texas | None on DOL's table for adults | None on DOL's table | U.S. DOL, 1-866-487-9243, for unpaid time |
| California | 30 minutes if over 5 hours; second if over 10 | 10 minutes per 4 hours or major fraction | Labor Commissioner, 833-526-4636 |
| Colorado | 30 minutes if shift is over 5 hours | 10 minutes per 4 hours or major fraction | Labor Standards, 303-318-8441 |
| Illinois | 20 minutes for 7.5 continuous hours | Hotel room attendants only, in counties over 3 million | Department of Labor, 217-782-6206 |
| Massachusetts | 30 minutes if over 6 hours | None on DOL's table | Attorney General Fair Labor Hotline, 617-727-3465 |
| New York | 30 minutes at midday for most jobs; see table | None on DOL's table | Department of Labor, 888-525-2267 |
| Washington | 30 minutes if over 5 hours | 10 minutes per 4 hours | Labor and Industries, 1-866-219-7321 |
Phone numbers: DOL State Labor Offices, read October 31, 2026, except Massachusetts (Attorney General, read October 31, 2026) and Washington (L&I). A state with no general rule on these tables can still have rules for minors or certain jobs.
State meal break rules: the full DOL table
DOL last revised this table on January 1, 2023, and says to check the state labor office for official information. Every row below was read on the DOL page on October 31, 2026 and is put in plain words. It has 23 rows: 21 states, Guam and Puerto Rico. States not listed have no adult rule of general application on the table. DOL also leaves out the usual exemptions for executive, administrative and professional staff and outside salespeople.
Scroll horizontally to view every column.
| State | Basic rule on DOL's table | Who it covers, and limits |
|---|---|---|
| California | 30 minutes if work is more than 5 hours a day. Can be waived by mutual consent if the day is 6 hours or less. Second 30 minutes if more than 10 hours, waivable if total is 12 hours or less and the first was not waived. On-duty meal only when the work prevents relief and there is a written agreement you can revoke | Most industries, under wage orders and Labor Code 512. Some union, baking, film and broadcast exceptions |
| Colorado | 30 minutes if shift is over 5 consecutive hours. On-duty meal counts as time worked | DOL lists retail and service, food and beverage, commercial support, health and medical. See the changes below |
| Connecticut | 30 minutes after the first 2 hours and before the last 2, if you work 7.5 consecutive hours or more | Not if the employer gives 30 or more paid minutes per 7.5 hours. Written agreement can differ. Possible exemptions |
| Delaware | 30 minutes after the first 2 hours and before the last 2, if you work 7.5 consecutive hours or more | Union or written agreement can differ. Possible exemptions |
| Illinois | At least 20 minutes, starting no later than 5 hours in, if you work 7.5 continuous hours or more. Hotel room attendants: 30 minutes if working at least 7 hours | Not where a union contract sets meal periods. Hotel rule applies only in counties over 3 million |
| Kentucky | Reasonable off-duty period, ordinarily 30 minutes, between the 3rd and 5th hour. Unpaid. Coffee breaks do not count toward it | Union or mutual agreement can differ |
| Maine | 30 minutes after 6 consecutive hours, except emergencies | Not with fewer than 3 on duty if work allows frequent paid breaks. Union or written agreement can differ |
| Maryland | 15 minutes for 4 to 6 consecutive hours; 30 minutes for more than 6. At 8 or more, 30 minutes plus 15 for every further 4 consecutive hours | Retail only, employers with 50 or more retail workers. Not restaurants or wholesalers |
| Massachusetts | At least 30 minutes for each 6 hours worked in a day, free of duties and free to leave | Not iron works, glass works, paper mills, letter press, print works, bleaching or dyeing |
| Minnesota | Sufficient unpaid time for 8 consecutive hours or more. Out of date: see below | May exclude some exempt staff. Union contract can differ |
| Nebraska | 30 minutes, off premises, in each 8-hour shift | Assembly plants, workshops, mechanical establishments. Union or written agreement can differ |
| Nevada | 30 minutes if work is 8 continuous hours | Employers of 2 or more. Not union-covered workers |
| New Hampshire | 30 minutes after 5 consecutive hours, unless you can eat while working and the employer allows it | Any employer |
| New York | Factories: 1 hour at noon. Other jobs: 30 minutes at noon on shifts over 6 hours that span the noon meal. All jobs: 20 more minutes between 5 and 7 p.m. if the shift starts before 11 a.m. and runs past 7 p.m. Shifts over 6 hours starting between 1 p.m. and 6 a.m.: 1 hour in factories, 45 minutes elsewhere, midway | Labor Commissioner can allow shorter periods |
| North Dakota | 30 minutes, if desired, on each shift over 5 hours. Unpaid if fully relieved | Two or more on duty. Union contract comes first |
| Oregon | 30 minutes with no duties for each work period of 6 to 8 hours. Paid 20 minutes where that is industry custom. Paid on-duty meal if the work prevents relief | All employers, except union-covered workers |
| Rhode Island | 20 minutes within a 6-hour shift; 30 minutes within an 8-hour shift | Not licensed health care facilities, or fewer than 3 on a shift |
| Tennessee | 30 minutes if scheduled 6 consecutive hours or more, not in the first hour | Not where the work gives ample chance to eat. Tipped food servers may waive in writing |
| Vermont | "Reasonable opportunities" to eat and use toilet facilities | All |
| Washington | 30 minutes if work is more than 5 consecutive hours, starting 2 to 5 hours in. Paid if you must stay on duty. Another 30 minutes for 3 or more hours past your regular day | Not newspaper vendors, casual household labor, sheltered workshops or farm work. Farm work has its own rule: 30 minutes after 5 hours and 30 more at 11 or more hours |
| West Virginia | 20 minutes for 6 hours or more | Where you do not get needed breaks or may not eat while working |
| Guam | 30 minutes after 5 hours. Waivable by consent if the day is 6 hours or less | Not domestic work, fishing, or farms with fewer than 10 workers, among others |
| Puerto Rico | 1 hour if work is longer than 5 consecutive hours, starting after the 2nd hour and before the 6th. Time and a half for working through it. Second meal if over 10 hours | Written agreement can shorten it to 30 minutes, or 20 for some jobs. Many exclusions |
Other provisions on DOL's footnotes: seasonal farm workers in Pennsylvania get 30 minutes after 5 hours, and migrant workers in Wisconsin after 6. New Mexico sets no required meal, but one that is given must be at least 30 minutes in covered industries. Wisconsin recommends 30 minutes after 6 hours.
State paid rest break rules: the full DOL table
DOL last revised this table on January 1, 2023. Every row was read there on October 31, 2026. DOL's footnote says eight states have paid rest rules, but the table has 9 rows, and all 9 are here. States not listed do not require paid rest periods, per DOL.
Scroll horizontally to view every column.
| State | Basic rule on DOL's table | Who it covers, and limits |
|---|---|---|
| California | 10 minutes for each 4 hours or major fraction, near the middle. Not if the day is under 3.5 hours. Includes heat recovery cool-downs | Most industries, under wage orders |
| Colorado | 10 minutes for each 4 hours or major fraction, near the middle | Private employers unless exempted by the COMPS Order |
| Illinois | Two 15-minute paid breaks in each workday of at least 7 hours | Hotel room attendants only, in counties over 3 million |
| Kentucky | 10 minutes during each 4-hour period, on top of the meal | Not Railway Labor Act employees |
| Minnesota | Adequate paid time in each 4 consecutive hours to use the nearest restroom. Out of date: see below | Union contract can differ |
| Nevada | 10 minutes for each 4 hours or major fraction, near the middle. Not if the day is under 3.5 hours | Employers of 2 or more at a site. Not union-covered workers |
| Oregon | 10 minutes for every 4 hours or major portion, separate from the meal. Cannot be added to it to shorten the day | All employers except union-covered workers. Not adults working alone in retail or service for under 5 hours |
| Vermont | "Reasonable opportunities" to eat and use toilet facilities | All employers of one or more |
| Washington | 10 minutes for each 4-hour period, near the midpoint. No more than 3 hours without a rest period | Not newspaper vendors, casual household labor, sheltered workshops. Farm work has its own 10-minute rule |
What changed, or reads differently, since DOL's date
DOL's date is nearly four years old. Only the states below were checked against their own agencies. For any other state, call its labor office before you rely on a row.
Scroll horizontally to view every column.
| State | What the state agency says now | Source |
|---|---|---|
| Minnesota | Since January 1, 2026: a rest break of at least 15 minutes, or enough to reach the nearest restroom if longer, in each 4 consecutive hours. A meal break of at least 30 minutes when working 6 or more consecutive hours | Minnesota DLI, read October 31, 2026; Minn. Stat. 177.253, 177.254 |
| Illinois | One more 20-minute meal break on a 12-hour shift or longer. Restroom breaks do not count against the meal. If you work through a meal, you must be paid | Illinois DOL, read October 31, 2026 |
| Colorado | "Most employees" get meal periods and paid rest periods, wider than the 4 industries on DOL's meal row | Colorado Labor Standards, read October 31, 2026 |
| California | If the employer makes you stay on site during a meal, it must be paid. A missed meal or a missed rest period each brings 1 extra hour of pay at your regular rate for that workday | California Labor Commissioner, read October 31, 2026 |
| Massachusetts | You may agree to work through a meal, but it must be paid | Massachusetts Attorney General, read October 31, 2026 |
| New York | A one-employee shift can mean eating on the job only if you agree, and that meal is paid | New York DOL FAQ, modified July 3, 2026 |
| Washington | You can waive a meal by agreement, but not a rest break. Employers can require you to stay on site during a rest break | Washington L&I, read October 31, 2026 |
Worked example, California. At $20.00 an hour, 1 missed rest period a shift for 5 shifts means 5 extra hours: $100.00 that week. The extra hour does not count toward overtime (California Labor Commissioner).
Nursing workers: the PUMP Act
For up to one year after your child's birth, most employees have the right to reasonable break time and a private place, not a bathroom, each time they need to pump (DOL Fact Sheet 73, revised December 2025).
- Space: shielded from view and free from intrusion by coworkers and the public. A bathroom does not count, even a private one.
- Pay: you must be completely relieved of duty, or be paid. If your employer gives paid breaks and you pump during them, you are paid the same way.
- Who is left out: airline crew, and some rail and motorcoach workers. Employers with fewer than 50 workers may be excused if it is an undue hardship.
- If denied: file with DOL at 1-866-487-9243, or bring a private suit. Special steps can apply to a suit over space.
Word-for-word script: "I need break time to pump at work. Federal law gives me reasonable break time and a private space that is not a bathroom. Where can I go, and how do we plan coverage?"
Workers under 18
DOL's table says 35 jurisdictions also have separate meal rules for minors, and when two rules apply, the employer must follow the higher one: Alabama, Alaska, California, Colorado, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Utah, Virginia, Washington, West Virginia, Wisconsin, Guam and Puerto Rico. DOL's table does not give the details, so call the state. Example: in Washington, 16- and 17-year-olds cannot work more than 5 hours without a meal or 3 hours without a rest break (L&I, read October 31, 2026). Hours limits: teen work hours by state.
What to do when you are not getting breaks
This is information, not legal advice.
- Check your state above. If your state has no rule and you are paid for all time worked, the law may not help. In that case your options are the handbook, your supervisor, or another job. A meal you worked through is still unpaid wages everywhere.
- Write it down the same day. Date, start and stop times, the break you missed, who told you to keep working. Save your schedule and pay stub.
- Ask once in person, then in writing. Use the script below. Keep a copy on your own phone.
- File with the agency in your state. Find any state at DOL's State Labor Offices list. New York's claim form covers a missed meal period (New York DOL, read October 31, 2026). For unpaid time anywhere, call the U.S. DOL Wage and Hour Division at 1-866-487-9243. It says complaints are confidential.
- Watch for payback. Most laws DOL's wage division enforces bar retaliation for asking about pay, hours or rights (DOL, read October 31, 2026). State laws differ on break complaints, so ask the agency.
Word-for-word script for your supervisor: "Hi (supervisor name). On (date) I worked from (start time) to (end time) and did not get my (meal or rest) break. Can we set a time for it on my next shift? If I worked through it, please make sure I am paid for that time. Thank you."
Follow-up message the same day: "This confirms what we talked about today. On (date) I did not get my (meal or rest) break and I worked through it. Please let me know by (date) that my time was corrected."
Do not skip work or walk off over a missed break before you talk to the agency. If you decide to leave, read how to quit and get your final paycheck first. New job and not sure what to bring? See documents you need to start a job. For pay rules, see minimum wage by state, pay frequency laws and how to read pay on a job posting.
Current openings
If you want a job with clearer break rules, ask at the interview how breaks are scheduled on your shift. See warehouse jobs, night shift warehouse jobs and retail jobs. By city: Dallas, Los Angeles, Phoenix.
Source-linked openings
Current source-linked listings could not be confirmed in this sample. Check the category search and each original posting for availability.
How to verify a listing
Every opening on JobPin links to its source posting. Open it and check the date, shift length and location, because the location decides which state's break rules apply. Real employers never ask you to pay to apply. More: job scam warning signs and how JobPin verifies listings.
How JobPin dates and sources listings: How JobPin verifies listings and events. Report a listing.