Myths About Meals and Breaks

We hear it on occasion. The vocational witness equates a 35-hour workweek to full-time because the person gets two 15-minute breaks and a 30-minute break everyday so the person is really on the job 7 hours per day. That is nonsense. For a breakdown of myths about rest breaks and meal periods, see ADP HR Tip of the Week for April 6, 2026 Busted: 10 Myths about Rest Breaks and Meal Periods.

I.           The FLSA Does Not Require Rest Or Meal Breaks

The Fair Labor Standards Act (FLSA) does not require employers to provide meal or break periods. However, if breaks are provided, federal regulations (29 CFR 785.18-19) stipulate that short breaks (5–20 minutes) must be paid, while bona fide meal periods (typically 30+ minutes) where the employee is fully relieved of duty are unpaid. 

·       Breaks (5-20 minutes): If employers offer short breaks, they must be counted as compensable work time.

·       Meal Periods (30 minutes or more): Unpaid meal breaks are allowed, but the employee must be completely relieved from duty. If the employee must perform any tasks while eating, the time must be paid.

·       No Mandatory Breaks: The FLSA does not mandate breaks, lunch periods, or rest periods. 

State Exceptions: State laws often exceed these federal standards, requiring specific meal and rest periods, particularly for non-exempt employees. States with mandatory meal breaks include:

• California: 30-minute unpaid break required if shift exceeds 5 hours (second break if over 10 hours).

• Colorado: 30-minute unpaid break required if shift exceeds 5 consecutive hours.

• Connecticut: 30-minute meal break required for shifts longer than 7.5 hours.

• Delaware: 30-minute break for employees working 7.5+ consecutive hours.

• Illinois: 20-minute break for 7.5+ hours of work, to be taken within 5 hours of starting.

• Kentucky: A reasonable, typically 30-minute, lunch break allowed between the 3rd and 5th hour.

• Maine: 30-minute break required after 6 consecutive hours.

• Maryland: 15-30 minute breaks for certain retail employees depending on hours worked.

• Massachusetts: 30-minute break required after 6 consecutive hours.

• Minnesota: Unpaid time off for meals if working 8+ hours.

• Nebraska: 30-minute lunch break for 8-hour shifts in assembly plants, workshops, or mechanical establishments.

• Nevada: 30-minute break for 8-hour shifts.

• New Hampshire: 30-minute break after 5+ consecutive hours.

• New York: 30-60 minutes for meal, depending on industry and hours worked.

• North Dakota: 30-minute break for shifts over 5 hours.

• Oregon: 30-minute, unpaid, uninterrupted break required for shifts 6+ hours.

• Rhode Island: 20-30 minute break for 6-8 hour shifts.

• Tennessee: 30-minute break for 6+ consecutive hours (with exceptions).

• Washington: 30-minute break if working 5+ hours, beginning between 2 and 5 hours into the shift.

• West Virginia: 20-minute break for 6+ consecutive hours.

Nursing Mothers: Under the PUMP for Nursing Mothers Act (FLSA), employers must provide reasonable break time and a private space for nursing mothers to pump breast milk for one year after the child’s birth. 

States that require additional breaks in addition to meal breaks:

• California: Requires a 10-minute paid rest break for every four hours worked (or major fraction thereof), in addition to a 30-minute unpaid meal break for shifts over five hours.
• Colorado: Mandates a 10-minute paid rest break for every four hours worked, alongside a 30-minute meal break for shifts exceeding five hours.
• Illinois: Requires a 20-minute meal break for 7.5+ hours, plus specific rest provisions for hotel room attendants.
• Kentucky: Mandates a rest period of at least 10 minutes for each four hours worked.
• Nevada: Requires a 30-minute meal break for 8-hour shifts, often with additional short rest periods.
• Oregon: Mandates a 30-minute unpaid meal break for 6+ hour shifts and paid 10-minute rest breaks for every 4 hours worked.
• Washington: Requires a 10-minute paid rest break for every 4 hours worked and a 30-minute meal break for 5+ hour shifts.

The 5-20 minute breaks are paid. An employer may not insist on the worker clocking out to go to the restroom. The 30 minute meal break is typically unpaid if the employee is relieved of all duties during the break. Industry exceptions do apply.

II.         The FSLA Requires Paid Mealtimes Under Some Circumstances

Meal breaks may be unpaid under the FSLA if two criteria are met:

1.   The break is at least 30 minutes and is without interruption.

2.   The employee is fully relieved of all duties for the purpose of consuming that regular meal.

A worker sitting at a desk to answer the phone is not relieved of all duties. Interrupting an employee’s meal break to ask questions is not without interruption. Requiring the employee to remain on site may result in a determination that the employee has not been relieved of all duties.

The break time provides workers with a chance to get a beverage or use the restroom. Workers standing at a work station do not get to plop down and sit especially if they need to use the restroom or get a drink. The existence of any break of regular occurrence (every two hours) is not universal in either existence or duration.

The largest employer in the country is the federal government, up to 3 million people. OPM describes meal periods as “nonpay and nonwork status.” And the meal break is typically unpaid for workers performing simple duties involving little or no judgment and have 30 days or less of training time. The meal break is not part of the paid time for work. Don’t take my word for it. My evidence is OPM policy and ADP.

Don’t let falsity evade agency policy.

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Suggested Citation:

Lawrence Rohlfing, Myths About Meals and Breaks, California Social Security Attorney (April 29, 2026)  https://californiasocialsecurityattorney.blogspot.com

The author has been AV-rated since 2000 and listed in Super Lawyers since 2008.