There's no federal law in the US that requires lunch or coffee breaks. If an employer offers short breaks of about 5 to 20 minutes, they count as paid work time, while meal periods of at least 30 minutes can be unpaid if the employee is fully relieved of duty. Many states do require meal breaks, and in the UK workers get a 20 minute break after 6 hours.
Lunch break rules are one of the most searched workplace questions because the answer depends entirely on where you work. Federal law sets the rules for how breaks are paid, but not whether you get them. That's left to the states in the US, and to the Working Time rules in the UK.
What federal law says
The Department of Labor is clear: federal law does not require lunch or coffee breaks. The Fair Labor Standards Act only decides how breaks are treated when an employer offers them.
| Type of break | Federal rule | Paid? |
|---|---|---|
| Short rest break, about 5 to 20 minutes | Counts as hours worked | Yes |
| Bona fide meal period, typically 30 minutes or more | Not work time if fully relieved of duty | No |
| Meal period while doing any duties | Not relieved, so it's work time | Yes |
| Unauthorized extension of a break | Need not be counted if the limit was clearly communicated | No |
The key test for meal periods is relief from duty. The Department of Labor says an employee isn't relieved if they're required to perform any duties, active or inactive, while eating. Eating at your desk while answering the phone is work time. Short breaks also count toward the 40 hours that trigger overtime.
The one federal break right: pumping at work
There's one exception to the no-break rule. The FLSA requires employers to give reasonable break time for an employee to express breast milk for one year after the child's birth, each time she needs to. The space must be shielded from view, free from intrusion and not a bathroom. The PUMP Act, which became law on December 29, 2022, extended this to more workers, including nurses, teachers, truck and taxi drivers and managers.
Lunch break laws by state
The Department of Labor keeps a table of state meal period laws for adult private sector workers. These are some of the most common examples.
| State | Meal break rule |
|---|---|
| California | 30 minutes if working more than 5 hours a day; a second 30 minutes after 10 hours, with limited waivers |
| Colorado | 30 minutes if a shift is more than 5 consecutive hours |
| Illinois | At least 20 minutes, no later than 5 hours after starting, for 7 1/2 continuous hours or more |
| New York | 30 minute noonday period for shifts of more than 6 hours that span the noon meal; 1 hour in factories |
| Oregon | 30 minutes, relieved of all duty, for each work period of 6 to 8 hours |
| Washington | 30 minutes if the work period is more than 5 consecutive hours |
| Connecticut and Delaware | 30 minutes for 7 1/2 consecutive hours or more, after the first 2 hours and before the last 2 |
| Maine | 30 minutes after 6 consecutive hours, except in emergencies |
The Department of Labor's table lists 21 states plus Guam and Puerto Rico. If your state isn't there, it generally follows the federal approach: no required break, but short breaks you give must be paid.
Paid rest breaks by state
A smaller group of states require paid rest breaks on top of meal periods.
- California: a paid 10 minute rest period for each 4 hours worked or major fraction, not required under 3 1/2 hours a day.
- Colorado: a paid 10 minute rest period for each 4 hours of work.
- Kentucky: a paid 10 minute rest period in each 4-hour work period, on top of the meal period.
- Minnesota: adequate paid time within each 4 consecutive hours to use the nearest restroom.
- Nevada: a paid 10 minute rest period for each 4 hours worked, for employers of two or more.
Lunch break laws in the UK
UK workers over 18 are usually entitled to three types of break, according to GOV.UK:
- One uninterrupted 20 minute rest break during the working day if they work more than 6 hours. It could be a tea or lunch break, and it doesn't have to be paid: that depends on the contract.
- 11 hours' rest between working days. Finish at 8pm, and you shouldn't start again until 7am.
- Either an uninterrupted 24 hours without work each week, or 48 hours each fortnight.
Contracts can give more, and employers should give enough breaks to protect health and safety where work is monotonous, such as on a production line. Domestic workers in a private house aren't entitled to rest breaks for health and safety reasons. Our guide to holiday entitlement covers the other half of UK working time rules.
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How to set a break policy
- Check your state's meal and rest rules, or the UK rules, for every location where you employ people.
- Pay all short breaks of 20 minutes or less, wherever you are in the US.
- Make unpaid meal breaks at least 30 minutes and fully free of duties.
- Write down the break length so unauthorized extensions don't have to be paid.
- Provide a private, non-bathroom space and time for nursing employees.
If you're working out what counts as hours worked for overtime, our FLSA guide has the bigger picture.
My verdict
The federal answer surprises people: no right to a lunch break at all. But the moment a state or the UK is involved, there usually is one, and the rules on paying short breaks apply everywhere in the US. If you employ people in more than one state, set your policy to the strictest one, California usually, and you'll rarely get it wrong.
Frequently asked questions
Is a lunch break required by federal law?
No. The Department of Labor says federal law doesn't require lunch or coffee breaks. Some states do require meal periods, so check your state's rules.
Do short breaks have to be paid?
Yes, in the US. Breaks of about 5 to 20 minutes count as hours worked under federal law and must be paid, and they count toward overtime.
Can a lunch break be unpaid?
Yes, if it's a bona fide meal period, typically 30 minutes or more, and the employee is completely relieved of duty. If they have to do any work while eating, it's paid time.
How long is a lunch break in California?
California requires a 30 minute meal period if work is for more than 5 hours a day, and a second 30 minute period for more than 10 hours, with limited waivers by mutual consent.
What breaks are UK workers entitled to?
Workers over 18 usually get a 20 minute uninterrupted break if they work more than 6 hours, 11 hours' rest between working days, and 24 hours off each week or 48 hours each fortnight.
