Ask ten managers what the break law is and you'll get ten answers. There's a reason for that. The federal rule is short, but state rules vary a lot, and one city can add more on top.
Here's what's clear, what varies and how to keep yourself out of trouble.
The federal rule
Federal law doesn't require you to give anyone a lunch or a coffee break. But if you do offer breaks, it does say how they must be paid:
- Short breaks are paid. Rest periods of about 5 to 20 minutes count as hours worked. They also count toward overtime.
- Real meal periods can be unpaid. A meal break of usually 30 minutes or more doesn't have to be paid, but only if the person is completely free from work. Someone eating at their desk while answering the phone isn't on a meal break.
So you can't make a 10-minute break unpaid under federal rules. And you can't take 30 minutes off someone's hours if they worked through it.
There's one useful detail. If you've clearly told someone a break can last only a certain length of time, and that going over is against your rules and could lead to discipline, the extra time doesn't have to be counted as work.
Where states differ
Many states go further. Here are some common examples, taken from the rules we model in PinkLinq's labor-law presets. They're summaries, so check your state's current rules before relying on them.
| State | Meal break | Rest break |
|---|---|---|
| California | 30 minutes for a shift over 5 hours, with a second over 10 hours | 10 paid minutes per 4 hours |
| New York | 30 minutes for shifts over 6 hours, with extra rules for some schedules | No general rule |
| Washington | 30 minutes for shifts over 5 hours | 10 paid minutes per 4 hours |
| Oregon | 30 minutes for shifts over 6 hours | 10 paid minutes per 4 hours |
| Illinois | 20 minutes for shifts of 7.5 hours or more | No general rule |
Other states have their own rules, and many have none at all for adults. The Labor Department keeps tables of state meal rules and state rest rules. They're a good starting point, but you should confirm with your state labor agency, since these tables may lag behind new laws.
Minors often get more
Many states have stricter break rules for workers under 18, even when they have none for adults. If you've got teenagers on staff, check this separately. We've got a separate guide to minors' hours.
What happens if you miss one
It depends on your state. In California, a missed meal or rest break can mean an extra hour of pay for that day, and the claims add up fast. In other places, the real risk is unpaid wages: if someone's meal break gets automatically deducted but they actually worked through it, you owe them for that time, possibly at overtime rates.
The most common way this goes wrong is the automatic 30-minute deduction. Payroll takes it out whether or not the break happened. If you use this, you need a simple way for people to report a missed break, and you need to pay for it when they do.
Making breaks really happen
A policy on paper doesn't keep a busy shift from skipping them. A few things help:
Schedule them. On a shift with four people, write down who goes when. Otherwise, the rush decides.
Cover the position. If someone's the only person in the store, they can't really take an uninterrupted break. That's a staffing issue, and in some states a legal one. Look hard at solo shifts.
Make it normal to step away. Newer staff often don't take breaks because they think it looks bad. Managers need to say "go take your break," and mean it.
Clock breaks out and in. That gives you a record if a question comes up later. It's hard to prove a break happened without one.
What to write down
Your policy should say:
- How long breaks are, and how many
- When they're taken, and who schedules them
- Which ones are paid
- That people must clock out for meal breaks and fully stop working
- What to do if they miss one, and that you'll pay for that time
- That nobody gets in trouble for reporting a missed break
The last two matter a lot. If people are afraid to report, your records won't match reality, and it's your name on them.
How to catch problems early
Don't wait for an end-of-year surprise. Each week, look at:
- Shifts over your state's limit, with no break recorded
- Breaks shorter than your rule
- People who've never logged a break
In PinkLinq, you choose your state under Settings, and the schedule and timesheets flag these for you. It's a flag and not a block, because a software rule can't know every exception, like a valid waiver. Set up rules for your own values if you're in another state, then look through the flags when you approve the week.
Sources
- Breaks and Meal Periods, US Department of Labor
- Fact Sheet #22: Hours Worked, US Department of Labor
- Minimum Paid Rest Period Requirements by State, US Department of Labor
- Minimum Meal Period Requirements by State, US Department of Labor
This is general information, not legal advice. Rules change, and exceptions are common, so confirm with your state agency or an employment lawyer.