2024

Rest and Lunch Break Laws in the United States

Author

Written by Pierce Lydon • October 1, 2024

Rest and Lunch Break Laws in the United States

Work can take a toll on a person’s body and their mind — that’s why taking a break is important, to recharge and to relax. For most workers, breaks are embedded into their regular routines. For others, especially small business owners, breaks might be few and far between with endless lists of tasks to cross off and customers that need their attention.

While taking a lunch break is regular practice for most workers, it’s nothing to be taken for granted. The rest and lunch break laws across different states vary in terms of length and frequency, so it’s important to know what the policies are in your state.

We’ve summarized the rest and lunch break laws across five states plus Washington DC for you.

New York

New York has a history rich with working class advocacy and union activity, which over time has turned into extensive policies on rest and lunch break laws. For the millions of residents in New York, they have many protections when it comes to their working hours and their employment.

New York mandates that workers take lunch breaks — or meal breaks in general, taking into account shift workers’ hours — for anyone who is working more than six hours. The rule of thumb in New York is that a worker must take at least a 30 minute break when working a shift that is over six hours. This break can be unpaid, however it needs to be available to every worker.

Notably, New York holds different policies for different types of work. For those who work in a factory setting, they are entitled to 60 minutes for their lunch break. Those working in a mercantile setting are entitled to 45 minutes for their lunch break. The timing of a person’s shirt also varies their entitlements. Workers who work evenings and nights should receive an additional 20-minute break to be taken between 5-7pm for workdays whose hours reach into the evening.

New York also put into law a policy that states that workers must have at least 24 hours off in any calendar week, meaning that they need at least a day of rest for every seven days.

By holding employees accountable for these breaks, New York hopes to maintain a healthy work-life balance for its residents.

The Department of Labor website holds key information about rest and lunch break laws.

California

California has a population of nearly 40 million people, which means that its residents need clear policies when it comes to employment and labor. This is especially essential for the many industries that exist in California like farming, entertainment, and tech.

In California, a worker is entitled to take breaks if their shift is more than six hours — similar to New York’s laws. For a six-hour shift, the break must be taken before the end of the fifth hour but not earlier than the third hour. Workers must have an uninterrupted 30-minute meal break, which can be unpaid time. When working more than 12 hours a day, they must receive an additional 30-minute break, bringing their total break time across their shift to one hour. Workers can also utilize a 10-minute paid rest period for every four hours that they’ve worked.

California emphasizes that these breaks must be completely void of responsibility or duty, a true break from work. This means no multitasking, otherwise the employer isn’t really giving their worker a break and that worker might be entitled to pay.

These break policies vary based on the industry a worker is in, including domestic and farm workers. When working outside, employers must also provide workers with a cool spot to rest in the shade or with air circulation to prevent heat illness, which is common in California’s warm and dry climate.

To learn more about California’s labor laws, visit the Department of Industrial Relations website. On this website, workers are encouraged to receive written approval for variation to their leave from the standard to ensure that their employers abide by their agreements.

Texas

Texas’ labor laws differ quite drastically to New York and California in that there are no requirements for employers to provide their workers with regular breaks. Because there are no policies on a state level, workers must instead turn to federal policy under the Fair Labor Standards Act — though this act also leaves out any policy on rest and lunch breaks. There exists, though, an exemption for breastfeeding mothers who are entitled to a 30-minute break during the first year of their child’s life.

Similar to other states, in Texas, an employer must pay their employees if they engage in work while on their breaks, such as answering the phone or writing emails. If an employer enacts a policy that offers workers breaks, then they must ensure that those breaks are truly breaks.

Illinois

Illinois is another state filled with companies big and small, all of which must abide by Illinois state labor laws. By following these policies, companies give their workers a chance to relax, which can be hugely beneficial in the long term when it comes to avoiding burnout and increasing productivity.

In Illinois, workers are entitled to a meal break of at least 20 minutes if their shift is more than 7.5 hours long. This break of 20 minutes must occur five hours into a shift or earlier, and there must not be an expectation on the worker to complete work during this time. For those who work shifts lasting 12 hours or longer, they must receive an additional 20-minute break.

Similar to New York, Illinois maintains a law that gives workers at least one day of rest per week. This law is aptly called the One Day Rest in Seven Act. Illinois also clarifies that reasonable  bathroom breaks do not count towards a worker’s break allotment. They also specify that certain employers might adhere to varying policies, particularly when there are collective bargaining agreements in place.

The Illinois Department of Labor website holds more information on the rest and lunch break laws in the Prairie State.

Massachusetts

Massachusetts’ history is lengthy, with the first colonial workers arriving in the early 1600s. Since then, labor laws have been developed to protect workers’ health alongside Massachusetts’ developing economy.

Massachusetts law states that workers doing more than six hours in a shift are entitled to a meal break of at least 30 minutes. Besides this stipulation, there aren’t any additional policies around rest and lunch breaks by law.

If a worker engages in work during their meal break, they must be paid by their employer, as that isn’t really considered a “break.” Massachusetts policy also states that break periods can be used for prayer or other cultural activities.

The Attorney General’s Fair Labor Division website holds more information about Massachusetts’ labor laws.

Washington DC

Washington DC is another populous city that is filled with people working in politics, business, tourism, research, and healthcare. In the city, there are many major companies that take on work related to transportation, defense, and aerospace.

Like Texas, Washington DC doesn’t hold a law that instructs employers whether or when to give a worker a rest or lunch break. They also fall back on federal policy when it comes to labor laws, however these federal policies also don’t include any policies on the provision of meal breaks. The exception to this remains nursing mothers, who are entitled time to breastfeed.

If you’re looking for more information, check out the Department of Employment Services Frequently Asked Questions page.

When employers encourage their workers to take breaks during the long workday — genuine breaks where there are no expectations to pick up the phone or scroll through emails — they engage in building a positive work culture. Without breaks, workers are at risk of fatigue or even low mood, which can negatively impact wellbeing. That’s why it’s important to take breaks, even if it's only 20 minutes, to take a deep breath and eat a healthy snack.