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Lunch Break Laws By State [2023]

By Jack Flynn
Nov. 22, 2022

Research Summary: We all have to eat, and anyone who doesn’t work from home knows that feeling of longing for a lunch break at work. Just three hours into a shift and we’re already counting the minutes until our breaks.

Luckily, in most US states, 41 to be exact, there are specific lunch break laws that protect your right to a full-length meal.

With that in mind, we’ve investigated all of the most essential facts about lunch break laws in the US, and according to our extensive research, these are all of the states who’ve opted to implement specific regulations:

State Covered Employees Minimum Lunch Duration
Alabama Employees aged 14-15 who work 5+ hours 30 minutes
Alaska Minors who work 5+ hours 30 minutes
Arkansas Minors in the entertainment industry 30 to 60 minutes
California Non-exempt employees who work 5+ hours 30 minutes with an additional 30 minutes after 10 hours
Colorado Employee covered by Colorado’s Minimum Wage Order who work 5+ hours 30 minutes
Connecticut Non-exempt employees who work 7.5+ hours 30 minutes
Delaware Minors who work 5+ hours

Employees 18+ who work 7.5+ hours

30 minutes
Florida Non-exempt employees under 18 who work 4+ hours 30 minutes
Hawaii Employees aged 14-15 who work 5+ hours 30 minutes
Illinois Employees under 16 who work 5+ hours

Employees who work 7.5+ hours

20 minutes, or 30 minutes for employees under 16
Indiana Minors who work 6+ hours 30 minutes over 1-2 breaks
Iowa Employees under 16 who work 5+ hours 30 minutes
Kansas All employees

Meal break must be paid if it surpasses 30 minutes

30 minutes unpaid
Kentucky Minors who work 4+ hours 30 minutes for minors
Louisiana Non-exempt minors who work 5+ hours 30 minutes unpaid
Maine Employees who work 6+ hours 30 minutes
Maryland Certain retail employees*

Non-exempt minors who work 5+ hours

30 minutes

4-6 hour shift: 15 minutes*

6+ hour shift: 30 minutes*

Every additional 4 hours worked after 8: 15 minutes added*

Massachusetts Non-exempt employees who work 6+ hours 30 minutes
Michigan Minors who work 5+ hours 30 minutes
Minnesota Employees who work 8+ hours N/A
Missouri Minors in the entertainment industry 15 minutes after every 2 hours of work
Nebraska Employees of assembling plants, workshops or mechanical establishments 30 minutes per 8-hour shift
Nevada Employees who work 8+ hours 30 minutes
New Hampshire Employees who work 5+ hours 30 minutes
New Jersey Minors who work 5+ hours 30 minutes
New Mexico Lunch breaks are not required, but employers who implement them must provide pay if the break is less than 20 minutes N/A
New York Employees who work 6+ hours

Every person working before 11 a.m. and continuing later than 7 p.m. receive an additional 20 minute break between 5-7 PM

30 minutes

60 minutes for factory workers and employees working 6+ hours between 1 PM and 6 AM

North Carolina Employees under 16 who work 5+ hours 30 minutes
North Dakota Employees who work 5+ hours 30 minutes
Ohio Minors for every 5 hours worked 30 minutes
Oklahoma Employees under 16 who work 5+ hours 30 minutes
Oregon Employees who work 6+ hours 30 minutes
Pennsylvania Seasonal farm workers and minors for every 5 hours worked 30 minutes
Rhode Island Employees who work 6+ hours 20 minutes for a 6-hour shift or 30 minutes for 8+ hour shift
Tennessee Employees who work 6+ hours 30 minutes
Utah Minors for every 5 hours worked 30 minutes
Vermont All employees

Meal break must be paid if it is less than 30 minutes

N/A
Virginia Employees under 16 who work 5+ hours 30 minutes
Washington Employees aged 14-15 for every 4 hours worked

Employees aged 16-17 for every 5+ hours worked

All employees

Employees under 15: 2 hours

Employees 16-17: 30 minutes

All Employees: 30 minutes plus an additional 30 minutes for every 3 hours worked over 8 hours

West Virginia Employees who work 6+ hours 20 minutes
Wisconsin Minors for every 6+ hours worked 30 minutes

States Without Lunch Break Laws

There are only nine states with no lunch break laws, paid or unpaid, as of 2022. These states include:

  • Arizona

  • Georgia

  • Idaho

  • Mississippi

  • Montana

  • South Carolina

  • South Dakota

  • Texas

  • Wyoming

Given that there is no federal law mandating lunch breaks, this means that employees in all of these states are NOT entitled to a lunch break. However, this doesn’t necessarily mean that employees won’t offer lunch breaks, just that providing them is at the employer’s discretion.

Even in some states with lunch break laws, such as New Mexico, employers are not required to implement lunch breaks.

Benefits of Lunch Break Laws

Providing lunch breaks might seem like an expense, but these breaks can be highly beneficial for employees and employers. To find out more, here are the top three benefits that come with implementing lunch breaks:

  • Increased Productivity. 90% of workers who take lunch breaks are more productive, and 63% say they’re more productive directly after their break. This increase in productivity means that despite a decrease in hours worked; companies can be more productive with lunch breaks.

  • Reduced Health Problems. 40% of employees with lunch breaks report reduced stress levels. Reduced stress, fatigue, and symptoms of physical health conditions are clearly great for employees, but it’s also a plus for employers. Improved employee health means fewer sick days and further increases productivity.

  • Happy Employees. 94% of employees feel happier when they take a lunch break. This can decrease turnover rates, improve customer service, and foster a positive workplace culture.

Lunch Break Laws FAQ

  1. What is the federal law on lunch breaks?

    There is no federal law on lunch breaks. However, federal law does specify that if an employer does decide to provide a lunch break, the break does not have to be paid. This applies in any state that doesn’t have its own law mandating paid lunch breaks.

    Under federal law, a work break must be paid if:

    • The employee continues working during their break time

    • The break is 20 minutes long or less

  2. Can employers end your lunch break early?

    No, employers cannot end your lunch break early. They cannot interrupt your break with work assignments, and if you feel like you’ve been forced to work during an unpaid lunch break, you can recover payment for the time you spent working.

    Overall, your break can only end early if you choose to continue working. This may be at your employer’s request, but it is your decision.

  3. Can employers require employees to take a break?

    Yes and no; in some states, employers can require employees to take a break. In Massachusetts, for example, employers can require employees to take a meal break, and in Washington, employees cannot work more than three hours without a rest break.

    In general, though, in most states, employers cannot force an employee to take a break and must simply document when employees choose not to take breaks.

Conclusion

Lunch breaks have become common practice in most states, with 41 of them choosing to implement lunch break laws. Most often, these breaks must be at least 30 minutes long and almost always apply to minors. Of course, this also varies from state to state.

And there’s a reason why lunch breaks are so popular, as these laws improve employee productivity, happiness, work-life balance, health, and more.

Knowing that, it’s important for employers to consider providing lunch breaks, even in states where there is no legal precedent.

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Author

Jack Flynn

Jack Flynn is a writer for Zippia. In his professional career he’s written over 100 research papers, articles and blog posts. Some of his most popular published works include his writing about economic terms and research into job classifications. Jack received his BS from Hampshire College.

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