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Are Breaks Paid? Lunch and Rest Break Rules Explained

Updated · 2 min read

Federal rules on paid and unpaid breaks: short breaks under 20 minutes are paid, 30-minute meal periods can be unpaid, and which states require breaks.

Federal law doesn't require employers to give breaks at all. But if they do, two rules decide whether the time is paid:

  • Short rest breaks (about 5 to 20 minutes) are paid. They count as hours worked and toward overtime.
  • Bona fide meal periods (usually 30 minutes or more) can be unpaid — but only if you're completely relieved of duty. Eating at your desk while answering phones is work time.
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9 AM – 5:30 PM · 30 min break · 8 hours (8:00)

Many states add their own requirements, such as a 30-minute meal break after 5 or 6 hours, or a paid 10-minute rest break per 4 hours.

StateMeal breakRest break
California30 min after 5 h10 min paid / 4 h
Colorado30 min after 5 h10 min paid / 4 h
Connecticut30 min after 7.5 h—
Delaware30 min after 7.5 h—
Illinois20 min after 7.5 h—
Kentucky30 min after 5 h10 min paid / 4 h
Maine30 min after 6 h—
Massachusetts30 min after 6 h—
Minnesota30 min after 6 h15 min paid / 4 h
Nevada30 min after 8 h10 min paid / 4 h
New Hampshire30 min after 5 h—
New York30 min after 6 h—
North Dakota30 min after 5 h—
Oregon30 min after 6 h10 min paid / 4 h
Rhode Island20 min after 6 h—
Tennessee30 min after 6 h—
Vermontnull minnull min paid
Washington30 min after 5 h10 min paid / 4 h
West Virginia20 min after 6 h—

All other states: no meal or rest break law for adults. Full table with sources →

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Skip the math. Enter your times in the free time card calculator — lunch, overnight shifts and overtime by state included.

What to do if breaks are deducted wrongly

Keep your own record of punches and breaks — a screenshot of your time card or an app log is evidence. Then talk to payroll or contact your state labor department or the U.S. Department of Labor's Wage and Hour Division.

Quick answers

Are 15-minute breaks paid?

Yes. Under federal rules, breaks of about 5 to 20 minutes are paid work time.

Is a 30-minute lunch paid?

Usually not, if you're completely relieved of duty. If you have to keep working during lunch, it must be paid.