Overview
This topic covers state law meal and rest break requirements for adults, including when breaks must be given, if employees can be required to remain on premises, and if breaks can be unpaid. Where applicable, exceptions to the break requirements and when meal and rest breaks can be waived by employees are also included.
Requirements to provide employees with meal and rest breaks come from state laws. The federal Fair Labor Standards Act (FLSA) addresses only when meal breaks must be paid or may be unpaid. In states that have their own law, make sure to still carefully review federal law. Provisions within the federal FLSA will apply when the state law is silent on the provision or if the provision is less stringent under state law. Please seek the advice of experienced employment counsel for any questions about potential conflicts in state and federal law.
Questions Answered
- Are meal periods required?
- If a meal period is given, does the meal period need to be paid?
- Can the employer require that a meal period be taken on the premises?
- Are rest breaks required?
- If a rest break is given, does the rest break need to be paid?
- Can the employer require that a rest break be taken on the premises?
- Can meal periods or rest breaks be waived?
- What exceptions or special provisions exist for meal periods or rest breaks?
Additional Information
This topic does not cover:
- Special rest and meal break requirements for minor employees (under 18 or 19 years of age, depending on the state)
- Information regarding industry-specific meal and rest break requirements (e.g., agricultural employment, health care)
- Situations when federal laws might preempt state rest or meal break requirements (e.g., the Railway Labor Act, the Federal Motor Carrier Safety Administration Hours of Service regulations)