Federal law doesn’t require a lunch break. Twenty states do, and six of them (California, Washington, Oregon, Colorado, Nevada, Kentucky) also require paid 10-minute rest breaks every four hours. For a field-service shop the problem isn’t the rule, it’s the geography: a tech eating a sandwich while driving to the next call isn’t on a break in any state, and in California that costs an extra hour of pay for every day it happens, which is how meal-and-rest claims became the engine of California’s PAGA lawsuits.
This guide gives every state’s meal and rest break rule for adult employees, the timing window (California’s meal must start before the end of the fifth hour; Oregon’s falls between hours two and five; New York’s has to span the noon hour), the penalty, and what the rules mean for techs who work alone out of a van. Statutes current as of October 2026.
Quick answer: 20 states require meal breaks for adults: a 30-minute meal in California (before the end of hour 5), Washington (hours 2–5), Oregon (6+ hour shifts), Colorado (over 5 hours), Nevada (8 continuous hours), New Hampshire (after 5), Massachusetts and Maine (over 6), Tennessee (6 consecutive), New York (noon-spanning shifts over 6), Connecticut and Delaware (7.5 hours), North Dakota (over 5, two on duty), Nebraska (workshops) and Rhode Island (8-hour shifts; 20 minutes at 6); a 20-minute meal in Illinois (7.5 hours) and West Virginia (6 hours); and a “reasonable” meal in Kentucky, Minnesota and Vermont. Six (California, Washington, Oregon, Colorado, Nevada, Kentucky) add paid 10-minute rest breaks per 4 hours. 17 states require breaks only for minors (or, in Maryland, only in large retail); 14 have no break law at all. Everywhere, breaks under 20 minutes must be paid.
On this page
The Federal Rule: No Breaks Required, Short Breaks Paid
The Fair Labor Standards Act is silent on whether adults get breaks. What it does regulate is pay: a break of roughly 20 minutes or less is compensable working time and counts toward overtime, and a meal period can be unpaid only if it lasts at least 30 minutes and the employee is completely relieved of duty. An employee who answers the dispatch phone or finishes paperwork while eating is working. The 2022 PUMP for Nursing Mothers Act adds the one federal break mandate: reasonable time and a private, non-bathroom space to express milk for a year after a child’s birth, at every employer (those under 50 employees can claim undue hardship).
That leaves the states. Twenty require meal periods for adults, with lengths from a “reasonable” period to 30 minutes, triggers from 5 to 8 hours, and timing windows that range from precise (California, Washington, Oregon, New York) to none. Six add paid rest breaks. The remainder either cover only minors (every state has some child-labor break rule, which matters for a 17-year-old summer helper) or nothing at all.
The 20 States That Require Adult Breaks
| State | Meal period | Rest breaks | Penalty |
|---|---|---|---|
| California | 30 min before end of 5th hour; 2nd before 10th | Paid 10 min per 4 hours | 1 hour’s pay per missed meal + 1 per missed rest, per day |
| Washington | 30 min between hours 2 and 5 (shifts over 5) | Paid 10 min per 4 hours; can’t be waived | 10 min wages per missed rest; L&I penalties |
| Oregon | 30 min between hours 2–5 (or 3–6), shifts 6+ | Paid 10 min per 4-hour segment | Wages for missed break (Maza); BOLI penalties |
| Colorado | 30 min, shifts over 5 hours | Paid 10 min per 4 hours | 10 min wages per missed rest; fines |
| Nevada | 30 min, continuous 8 hours | Paid 10 min per 4 hours (2+ employees) | Up to $5,000 per violation |
| Kentucky | Reasonable meal between hours 3 and 5 | Paid 10 min per 4 hours | Wages + liquidated damages; $100–$1,000 fines |
| Minnesota | Sufficient time to eat, shifts 8+ | Restroom break per 4 hours | Up to $1,000 per violation |
| Vermont | Reasonable opportunities to eat | Reasonable restroom opportunities | Department penalties; unpaid wages |
| New York | 30 min between 11 and 2 (shifts over 6); 45 min for afternoon/night shifts | None | $1,000–$3,000 civil penalties |
| Massachusetts | 30 min, shifts over 6 hours | None | $300–$600 fines; treble damages on wages |
| Illinois | 20 min by hour 5, shifts 7.5+; +20 per 4.5 hours | None (24 hrs rest in 7) | $250–$500 to state + same to employee, per week |
| Connecticut | 30 min, shifts 7.5+ (not first/last 2 hrs) | None | Up to $1,000 per violation |
| Delaware | 30 min, shifts 7.5+ (not first/last 2 hrs) | None | $1,000–$5,000 per violation |
| Maine | 30 min after 6 hours (3+ employees) | None | $50–$200 per violation |
| New Hampshire | 30 min after 5 hours | None | Up to $2,500 per violation |
| North Dakota | 30 min, shifts over 5 (2+ on duty) | None | Wages, up to double |
| Rhode Island | 20 min (6-hr shift) / 30 min (8-hr shift) | None | Wages, up to double |
| Tennessee | 30 min, 6 consecutive hours (5+ employees) | None | $500–$1,000 per violation |
| West Virginia | 20 min, shifts 6+ (unless other breaks) | None | Wages, double |
| Nebraska | 30 min lunch per 8-hour shift (workshops) | None | Misdemeanor |
Breaks in a Van: The Field-Service Problem
Break laws were written for factories and restaurants, where a supervisor can see the clock. A tech alone on a route is harder, and courts have worked out how the rules apply:
| Field-service situation | How the law treats it |
|---|---|
| Tech eats a sandwich driving to the next job | Not a meal period anywhere. It’s paid working time, and in CA/WA/OR/CO/NV/KY it’s a missed meal. |
| Tech takes 30 minutes in the van in a parking lot, phone on, dispatcher may call | Paid time in every break state: a meal is unpaid only if the employee is fully relieved. In California it’s a missed meal (one hour premium) unless a signed on-duty agreement applies. |
| Tech works alone on a 9-hour install, no relief possible | CA: on-duty meal agreement (revocable, paid) if the nature of the work truly prevents relief; OR/CO: paid on-duty meal allowed; WA: paid meal; everywhere else, pay for the time. |
| Dispatcher books jobs back-to-back through hour six | Evidence the break wasn’t provided (CA Brinker, WA Brady). Build the gap into the route. |
| Shop asks techs to clock out for lunch automatically (auto-deduct) | Legal only if the break was actually taken; auto-deducting 30 minutes a tech worked through is a wage violation everywhere. Require a punch, or an attestation. |
| Tech skips rest breaks to finish early | CA, OR and CO still owe the premium or wages if the employer didn’t authorize and permit the break; WA bars waiving rest breaks at all. Document that breaks were offered. |
| Shop is in Texas, techs drive into Oklahoma | Neither state requires adult breaks; only the federal rule (short breaks paid, 30+ minute duty-free meals unpaid) applies. |
The employer’s obligation in every break state is to provide the break: relieve the employee of duty, permit a reasonable opportunity to take it, and not impede or discourage it (California’s Brinker, Washington’s Brady). You don’t have to force a tech to stop eating and sit in the truck. But you do have to schedule the gap, tell techs they’re relieved (no radio, no calls), and keep records: in California, time punches that show a short, late or missing meal are presumed violations unless you can prove the tech chose to skip it. A dispatch app that lets a tech mark a meal start and end, and a routing rule that leaves 30 minutes before the fifth hour, is the compliance program.
Timing Windows and Waivers
Four states fix when the meal must fall. California: the meal starts before the end of the fifth hour (a 7 a.m. start means the meal begins by 11:59), the second before the end of the tenth. Washington: between the second and fifth hour, and no more than 3 hours without a rest break. Oregon: between hours 2 and 5 for shifts of 7 hours or less, hours 3 and 6 for longer. New York: a 30-minute meal somewhere between 11 a.m. and 2 p.m. for a day shift over 6 hours, 45 minutes midway for shifts starting between 1 p.m. and 6 a.m. Connecticut and Delaware exclude the first and last 2 hours of a 7.5-hour shift; Kentucky wants the meal between hours 3 and 5; Tennessee bars it in the first hour.
Waivers are allowed in California (meal only, by mutual consent, for shifts of 6 hours or less; second meal for 12 or less), Washington (meal only, in writing; rest breaks can never be waived), Nevada (by agreement filed with the Labor Commissioner), North Dakota, and the states with written-agreement exceptions (Connecticut, Delaware, Maine, Rhode Island). Oregon and Colorado allow paid on-duty meals when the work prevents relief but no waiver of the rest break. A blanket “I waive all breaks” form signed at hire is unenforceable almost everywhere; waivers have to be voluntary, revocable and specific to the shift pattern.
Recent Changes
What’s new: Illinois raised ODRISA penalties and added the extra-20-minutes-per-4.5-hours rule (January 1, 2023). Minnesota’s 2024 wage theft amendments clarified that breaks under 20 minutes are paid and expanded penalties. Colorado’s COMPS Order #39 (January 1, 2026) restated the rest-break and meal rules with the current exempt threshold. Texas HB 2127 (2023) preempted the Austin and Dallas construction rest-break ordinances, leaving Texas with no break law at any level. California’s 2021 decisions (Donohue on time records, Ferra on the premium rate) and 2024 PAGA reform (caps for employers who fix violations promptly) changed the litigation math but not the rules. Florida’s 2025 child labor amendments relaxed hours for 16- and 17-year-olds but kept the 30-minute minor break.
State-by-State Breakdown
Red chips mark states with meal or rest break requirements for adult employees; amber marks states whose only break rules cover minors (or, in Maryland, large retail); grey marks states with no break statute. Each block gives the meal rule, rest rule, penalty and a link to the statute or agency page.
Jump to your state
Alabama Minors Only / Limited
Statute / Agency: Ala. Code § 25-8-38
State rule: Minors 14 and 15 get a 30-minute break after 5 continuous hours. No requirement for adults.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Alaska Minors Only / Limited
Statute / Agency: AS 23.10.350
State rule: Minors under 18 who work 5 or more consecutive hours get a 30-minute break. No requirement for adults.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Arizona No State Break Law
State rule: None for adult employees. Arizona’s wage laws cover minimum wage and paid sick time only; breaks are a matter of policy.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Arkansas No State Break Law
State rule: None for adult employees. Arkansas has no break requirement for adults or minors beyond the federal rule.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
California 30-Min Meal + Paid 10-Min Rests
Statute / Agency: Cal. Labor Code § 226.7, 512; IWC Wage Orders § 11–12
Meal period: An unpaid, duty-free 30-minute meal period that starts before the end of the fifth hour of work, and a second before the end of the tenth. The first can be waived by mutual consent only if the shift is 6 hours or less; the second only if the shift is 12 or less and the first wasn’t waived. An “on-duty” paid meal is allowed only when the nature of the work prevents relief and the employee signs a revocable agreement.
Rest breaks: A paid, duty-free 10-minute rest for every 4 hours or major fraction (so 10 minutes for a 3.5- to 6-hour shift, 20 for 6 to 10, 30 for 10 to 14), as near the middle of each work period as practicable. Employees can’t be required to stay on the premises or carry a radio.
Penalty: One hour of pay at the regular rate (including spiffs and commissions, per Ferra) for each workday a compliant meal period isn’t provided, and another hour for each day a rest break isn’t, up to two hours a day. Time records that show a late, short or missing meal create a presumption of violation (Donohue, 2021). Meal-and-rest claims are the backbone of California PAGA actions.
Trades note: Brinker (2012) says you must provide the break, not police it, but a dispatch schedule that books jobs back to back through hour six is evidence you didn’t. Build a 30-minute gap before the fifth hour into the route and record the meal start time in the app. See California employment laws for trade employers.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Colorado 30-Min Meal + Paid 10-Min Rests
Statute / Agency: COMPS Order #39, Rule 5; C.R.S. § 8-6-101 et seq.
Meal period: An unpaid, duty-free 30-minute meal period for shifts over 5 hours, taken at least one hour after the start and one hour before the end where practicable. If the nature of the work makes an uninterrupted meal impractical (a tech alone on a service call), the employee may eat on duty and the time is paid.
Rest breaks: A paid 10-minute rest break for every 4 hours worked or major fraction: one for 2 to 6 hours, two for 6 to 10, three for 10 to 14. Rest breaks should be in the middle of each 4-hour period when practicable and can’t be combined with the meal.
Penalty: A missed or shortened rest break is unpaid time the employee was owed: the employer owes 10 minutes of pay for each one (plus overtime effect), and the Division assesses fines and, since 2022, up to treble damages for willful violations. Missed meals: pay for the time worked.
Trades note: Colorado’s COMPS Order applies to nearly all private employers; the Division of Labor Standards accepts wage claims for missed breaks going back two years (three if willful).
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Connecticut 30-Min Meal (7.5-Hour Shifts)
Statute / Agency: Conn. Gen. Stat. § 31-51ii
Meal period: A 30-minute meal period for employees who work 7.5 or more consecutive hours, taken after the first 2 hours and before the last 2. Exemptions: employers with fewer than 5 employees on a shift at a location, written agreements providing other arrangements, and jobs where the nature of the work requires continuous duty (the employee must then be paid).
Rest breaks: None required.
Penalty: Civil penalty up to $1,000 per violation through the Department of Labor; working through an unpaid meal is unpaid wages with double damages under § 31-72.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Delaware 30-Min Meal (7.5-Hour Shifts)
Statute / Agency: 19 Del. C. § 707
Meal period: A 30-minute meal period (unpaid) for employees working 7.5 or more consecutive hours, after the first 2 hours and before the last 2. Exceptions for collective bargaining agreements, workplaces with fewer than 5 employees on a shift, and jobs where continuous duty is required (then paid breaks to eat while working).
Rest breaks: None required.
Penalty: Civil penalties of $1,000 to $5,000 per violation under § 1112.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
District of Columbia No State Break Law
State rule: None for adult employees. DC has no meal or rest break statute for adults; its paid leave and minimum wage laws don’t address breaks.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Florida Minors Only / Limited
Statute / Agency: Fla. Stat. § 450.081
State rule: Minors 17 and under who work more than 4 continuous hours get a 30-minute unpaid break (2025 amendments relaxed hours for 16- and 17-year-olds but kept the break). No requirement for adults.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Georgia No State Break Law
State rule: None for adult employees. Georgia requires only lactation breaks (paid, since 2020) and otherwise leaves meals to policy.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Hawaii Minors Only / Limited
Statute / Agency: HRS § 390-2
State rule: Minors 14 and 15 get a 30-minute break after 5 consecutive hours. No requirement for adults.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Idaho No State Break Law
State rule: None for adult employees. Idaho has no meal or rest break statute.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Illinois 20-Min Meal (7.5-Hour Shifts)
Statute / Agency: 820 ILCS 140 (One Day Rest in Seven Act)
Meal period: A 20-minute meal period for employees who work 7.5 or more continuous hours, starting no later than 5 hours into the shift, plus an additional 20 minutes for every additional 4.5 hours (so a 12-hour day gets two). Reasonable restroom breaks don’t count toward it. ODRISA also requires at least 24 consecutive hours of rest in every consecutive 7-day period, with a Department permit needed for voluntary seventh-day work.
Rest breaks: None required beyond the meal period.
Penalty: Since 2023, civil penalties of up to $250 per offense payable to the Department and $250 to the employee for employers with fewer than 25 employees ($500 and $500 for 25 or more), with each week and each employee a separate offense.
Trades note: Chicago’s paid leave ordinance doesn’t add break rules, but ODRISA’s day-of-rest requirement catches shops that run the same tech seven days through a cold snap; get the permit.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Indiana Minors Only / Limited
Statute / Agency: Ind. Code § 22-2-18.1-17
State rule: Minors under 18 who work 6 or more consecutive hours get one or two breaks totaling 30 minutes. No requirement for adults; Indiana’s 2019 law requires lactation breaks for employers with 25 or more employees.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Iowa Minors Only / Limited
Statute / Agency: Iowa Code § 92.7
State rule: Minors under 16 get a 30-minute break after 5 hours. No requirement for adults.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Kansas No State Break Law
State rule: None for adult employees. Kansas has no break requirement for adults or minors.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Kentucky Reasonable Meal + Paid 10-Min Rests
Statute / Agency: KRS § 337.355, 337.365
Meal period: A “reasonable period” for a meal (unpaid, customarily 30 minutes) between the third and fifth hour of the shift, unless a collective bargaining agreement or mutual agreement sets another time. Employees who work through lunch must be paid.
Rest breaks: A paid rest period of at least 10 minutes during each 4 hours worked, separate from the meal period.
Penalty: Unpaid wages for breaks worked through, with liquidated damages equal to the wages plus attorney fees under KRS 337.385; the Labor Cabinet can assess civil penalties of $100 to $1,000 per violation.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Louisiana Minors Only / Limited
Statute / Agency: La. R.S. 23:213
State rule: Minors under 18 who work 5 consecutive hours get a 30-minute break. No requirement for adults.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Maine 30-Min Break After 6 Hours
Statute / Agency: 26 M.R.S. § 601
Meal period: A 30-minute rest break (which may be used as a meal, unpaid if duty-free) after 6 consecutive hours, for employers with 3 or more employees on duty at the location. Exceptions in emergencies and where the nature of the work allows frequent paid breaks totaling 30 minutes, or by collective bargaining or written agreement.
Rest breaks: None beyond the 30-minute break.
Penalty: Civil forfeiture of $50 to $200 per violation (26 M.R.S. § 53), plus unpaid wages and liquidated damages for breaks worked through.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Maryland Minors Only / Limited
Statute / Agency: Md. Lab. & Empl. § 3-710 (Healthy Retail Employee Act); § 3-210 (minors)
State rule: Adults: breaks required only in retail establishments with 50 or more employees (15 minutes for 4-to-6-hour shifts, 30 minutes for over 6). Minors get a 30-minute break every 5 hours. Trades shops aren’t covered unless they run a retail showroom of that size.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Massachusetts 30-Min Meal After 6 Hours
Statute / Agency: M.G.L. c. 149, § 100, 101
Meal period: A 30-minute meal break for employees who work more than 6 hours, during which they must be free to leave the premises; otherwise the time is paid. Exemptions by the Attorney General for operations requiring continuous attendance (ironworks, glass works, utilities).
Rest breaks: None required.
Penalty: Fines of $300 to $600 per violation under c. 149 § 100, and working through an unpaid break is unpaid wages, which in Massachusetts carries mandatory treble damages under c. 149 § 150. The SJC confirmed in 2022 (Devaney v. Zucchini Gold) that employees can sue for break violations as wage claims.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Michigan Minors Only / Limited
Statute / Agency: MCL § 409.112
State rule: Minors under 18 get a 30-minute uninterrupted break for every 5 continuous hours. No requirement for adults.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Minnesota Meal Time + Restroom Breaks
Statute / Agency: Minn. Stat. § 177.253, 177.254
Meal period: “Sufficient time to eat a meal” (Minnesota rules treat 30 minutes as presumptively sufficient, 20 as the minimum) for employees working 8 or more consecutive hours; unpaid only if the employee is completely relieved.
Rest breaks: “Adequate time” to use the nearest restroom within each 4 consecutive hours, paid. Minnesota’s 2024 amendments clarified that breaks under 20 minutes are paid.
Penalty: Unpaid wages for breaks worked through, plus civil penalties of up to $1,000 per violation from the Department of Labor and Industry; Minnesota’s 2019 wage theft law adds criminal exposure for willful nonpayment.
Trades note: Minneapolis and Saint Paul sick leave ordinances don’t add break rules; the state rule is the only one.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Mississippi No State Break Law
State rule: None for adult employees. Mississippi has no break requirement for adults or minors.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Missouri No State Break Law
State rule: None for adult employees. Missouri has no break requirement; its child labor law regulates hours but not breaks.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Montana No State Break Law
State rule: None for adult employees. Montana has no meal or rest break statute.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Nebraska 30-Min Lunch in Workshops
Statute / Agency: Neb. Rev. Stat. § 48-212
Meal period: Employees of an assembly plant, workshop or mechanical establishment get at least 30 consecutive minutes for lunch in each 8-hour shift, off the premises unless the employer provides a lunchroom, and the time is unpaid. A shop building where techs assemble, fabricate or repair qualifies; field work generally doesn’t. Collective bargaining agreements can vary it.
Rest breaks: None required.
Penalty: Misdemeanor under § 48-212, enforced by the Department of Labor; unpaid wages for lunch worked through.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Nevada 30-Min Meal + Paid 10-Min Rests
Statute / Agency: NRS 608.019
Meal period: An unpaid 30-minute meal period for employees working a continuous 8-hour period. Exemptions for workplaces with a single employee on duty and for collective bargaining agreements.
Rest breaks: A paid 10-minute rest break for every 4 hours worked or major fraction, as near the middle as practicable, for employers with 2 or more employees; none for shifts under 3.5 hours. Employees may waive breaks only by agreement filed with the Labor Commissioner.
Penalty: Administrative penalties up to $5,000 per violation under NRS 608.195, and unpaid wages for breaks worked through; employees have a private right of action for wage claims.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
New Hampshire 30-Min Meal After 5 Hours
Statute / Agency: RSA 275:30-a
Meal period: A 30-minute meal period after 5 consecutive hours, unless it’s feasible for the employee to eat while working and the employer permits it (then the time is paid).
Rest breaks: None required.
Penalty: Civil penalties up to $2,500 per violation under RSA 273:11-a, and unpaid wages with liquidated damages for meals worked through.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
New Jersey Minors Only / Limited
Statute / Agency: N.J.S.A. 34:2-21.4
State rule: Minors under 18 get a 30-minute meal break after 5 continuous hours (2023 amendments added a break for 16- and 17-year-olds working 6+ hours). No requirement for adults.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
New Mexico No State Break Law
State rule: None for adult employees. New Mexico has no meal or rest break statute.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
New York 30-Min Noonday Meal (6+ Hours)
Statute / Agency: N.Y. Labor Law § 162
Meal period: Employees who work a shift of more than 6 hours spanning 11 a.m. to 2 p.m. get a 30-minute noonday meal (factory workers 60 minutes). Shifts starting between 1 p.m. and 6 a.m. get 45 minutes midway (factory 60). A shift that starts before 11 a.m. and runs past 7 p.m. earns an extra 20-minute meal between 5 and 7 p.m. The Commissioner allows shorter periods (not under 20 minutes, 30 for factory) in special cases, and one-employee shifts can agree to eat on duty.
Rest breaks: None required; any break of 20 minutes or less is paid.
Penalty: Civil penalties through the Department of Labor (§ 218: up to $1,000 for a first violation, $2,000 for a second, $3,000 for a third) and unpaid wages with 100% liquidated damages if the employee worked through.
Trades note: New York’s rule turns on when the shift falls, not just how long it is: a tech on a 7 a.m. to 3:30 p.m. route needs 30 minutes between 11 and 2. The DOL’s guidelines let the meal be split for one-person operations.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
North Carolina Minors Only / Limited
Statute / Agency: N.C.G.S. § 95-25.5
State rule: Minors under 16 get a 30-minute break after 5 consecutive hours. No requirement for adults.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
North Dakota 30-Min Meal (5+ Hours, 2+ on Duty)
Statute / Agency: N.D. Admin. Code 46-02-07-02(3)
Meal period: An unpaid 30-minute meal period for shifts over 5 hours whenever two or more employees are on duty; the employee must be completely relieved or the time is paid. Employees may waive it.
Rest breaks: None required.
Penalty: Unpaid wages for meals worked through, with up to double damages for willful violations under N.D.C.C. § 34-14-09.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Ohio Minors Only / Limited
Statute / Agency: ORC § 4109.07
State rule: Minors under 18 who work more than 5 consecutive hours get a 30-minute uninterrupted break. No requirement for adults.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Oklahoma Minors Only / Limited
Statute / Agency: 40 O.S. § 75
State rule: Minors under 16 get a 30-minute break for 5 consecutive hours and a paid one-hour cumulative rest for 8 hours. No requirement for adults.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Oregon 30-Min Meal + Paid 10-Min Rests
Statute / Agency: ORS 653.261; OAR 839-020-0050
Meal period: An unpaid 30-minute duty-free meal period for shifts of 6 or more hours, taken between the second and fifth hour for shifts of 7 hours or less, and between the third and sixth hour for longer shifts. A paid on-duty meal is allowed only when the nature of the work prevents relief (and the employer can prove it); the Commissioner can grant undue-hardship exemptions.
Rest breaks: A paid, duty-free 10-minute rest break for every 4-hour segment or major fraction, as near the middle as possible, and no combining with the meal. Employees under 18 get 15 minutes.
Penalty: Since Maza v. Waterford Operations (2020), employees can recover wages for the full missed break as unpaid time (plus penalty wages up to 30 days under ORS 652.150 when it affects the final check), and BOLI assesses civil penalties up to $1,000 per violation.
Trades note: Oregon’s timing windows (meal between hours 2 and 5 for a short day, 3 and 6 for a long one) are the strictest after California’s; dispatch accordingly.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Pennsylvania Minors Only / Limited
Statute / Agency: 43 P.S. § 40.4
State rule: Minors under 18 get a 30-minute break after 5 consecutive hours. No requirement for adults.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Rhode Island 20-Min Meal (6 Hrs) / 30-Min (8 Hrs)
Statute / Agency: R.I. Gen. Laws § 28-3-14
Meal period: A 20-minute meal period for a 6-hour shift and a 30-minute meal period for an 8-hour shift, within the shift; unpaid if duty-free. Exemptions for employers with fewer than 3 employees on a shift, health care facilities, and collective bargaining agreements.
Rest breaks: None required.
Penalty: Civil penalties and unpaid wages through the Department of Labor and Training, with up to double damages under § 28-14-19.2 for willful nonpayment.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
South Carolina No State Break Law
State rule: None for adult employees. South Carolina has no break requirement for adults or minors.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
South Dakota No State Break Law
State rule: None for adult employees. South Dakota has no meal or rest break statute.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Tennessee 30-Min Break (6 Consecutive Hours)
Statute / Agency: Tenn. Code § 50-2-103(h)
Meal period: A 30-minute unpaid meal or rest break for employees scheduled to work 6 consecutive hours, not during the first hour of the shift, for employers with 5 or more employees. Exception where the nature of the business provides ample opportunity to rest or take a break (a 2018 amendment lets employers of tipped workers waive it by written request).
Rest breaks: None required.
Penalty: Civil penalties of $500 to $1,000 per violation through the Department of Labor and Workforce Development.
Trades note: Tennessee’s exception for work that naturally includes downtime is argued by field-service employers; the safe course is a scheduled 30 minutes.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Texas No State Break Law
State rule: None for adult employees. Texas has no break requirement for adults or minors; the only state rule is the day of rest in seven for retail employees. Austin and Dallas rest-break ordinances for construction workers were preempted by HB 2127 in 2023, and the Texas Workforce Commission enforces only the federal paid-short-break rule.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Utah Minors Only / Limited
Statute / Agency: Utah Code § 34-23-301
State rule: Minors under 18 get a 30-minute meal period by the fifth hour and a paid 10-minute rest every 3 hours. No requirement for adults.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Vermont Reasonable Opportunities to Eat
Statute / Agency: 21 V.S.A. § 304
Meal period: Employers must give employees “reasonable opportunities during work periods to eat and to use toilet facilities” in order to protect health and hygiene. No minimum length is specified; the Department treats a 30-minute meal in an 8-hour day as the norm.
Rest breaks: Covered by the same “reasonable opportunities” standard; any break under 30 minutes is paid.
Penalty: Civil penalties through the Department of Labor, and unpaid wages for breaks worked through.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Virginia Minors Only / Limited
Statute / Agency: Va. Code § 40.1-80.1
State rule: Minors under 16 get a 30-minute break for every 5 hours. No requirement for adults.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Washington 30-Min Meal + Paid 10-Min Rests
Statute / Agency: WAC 296-126-092; RCW 49.12
Meal period: A 30-minute meal period for shifts over 5 hours, starting between the second and fifth hour of work, unpaid only if the employee is completely relieved; a second meal for shifts over 10 hours (or 3 hours of overtime). Employees may waive the meal (not the rest break), preferably in writing. On-duty meals are paid.
Rest breaks: A paid 10-minute rest break for every 4 hours worked, scheduled so no employee works more than 3 hours without one, as near the midpoint as possible. Intermittent rest breaks totaling 10 minutes are allowed where the work permits. Rest breaks can never be waived.
Penalty: A missed rest break is 10 minutes of unpaid wages (and overtime if it pushes the week over 40), a missed or interrupted meal is paid time, and L&I can assess civil penalties; Washington’s willful-withholding statute doubles unpaid wages. The state Supreme Court (Brady v. Autozone, 2017) held employers must provide, not force, meal periods, but bear the burden of proving a waiver.
Trades note: Seattle’s secure scheduling ordinance doesn’t cover trades, but the state rest-break rule does, and techs working alone still get the 10 minutes; the timekeeping app should let them log it.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
West Virginia 20-Min Meal (6+ Hours)
Statute / Agency: W. Va. Code § 21-3-10a
Meal period: A 20-minute meal break for employees who work 6 or more hours, unless the employee is given other breaks of at least 20 minutes or is permitted to eat while working. Unpaid only if duty-free.
Rest breaks: None required.
Penalty: Unpaid wages for meals worked through, with liquidated damages of twice the wages under § 21-5-4(e); the Division of Labor investigates complaints.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Wisconsin Minors Only / Limited
Statute / Agency: Wis. Stat. § 103.65; DWD 270.11; DWD 274.02
State rule: Minors under 18 get a 30-minute duty-free meal for shifts over 6 hours. For adults the Department “recommends” a 30-minute meal near the usual meal time, and the One Day of Rest in Seven law applies to factory and mercantile employers. Breaks under 30 minutes must be paid.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Wyoming No State Break Law
State rule: None for adult employees. Wyoming has no meal or rest break statute.
Federal rule (every state): no meal or rest break is required for adults, but any break you do give of 20 minutes or less must be paid, a meal period is unpaid only if it’s 30 minutes or more and the employee is fully relieved, and the PUMP Act requires reasonable break time and a private space (not a bathroom) for nursing employees for a year after birth.
Break rules from state statutes, wage orders and labor department guidance as of October 2026; federal rules from 29 CFR 785.18–785.19 and the PUMP Act. Many states exempt employees covered by collective bargaining agreements and some exempt specific industries; those exemptions are noted where they could reach a trades shop. Minor break rules are summarized for 14- to 17-year-olds; hours limits for minors are a separate topic.
Running the Business
- The hours rules that sit next to breaks: overtime laws by state (a rest break is paid time that counts toward 40) and final paycheck laws by state (missed-break premiums are wages due at separation).
- California specifically: California employment laws for trade employers covers PAGA, wage statements and the rest of the exposure.
- Scheduling the gap: quoting the job over the phone and verifying the tech did the job are about the same timestamps that prove a break was provided.
- Everything else by state: paid sick leave laws by state and minimum wage increases by state.
Routes With Room for Lunch, and Timestamps to Prove It
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FAQ
Which states require lunch breaks for adult employees?
Twenty: California, Colorado, Connecticut, Delaware, Illinois, Kentucky, Maine, Massachusetts, Minnesota, Nebraska (workshops), Nevada, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Tennessee, Vermont, Washington and West Virginia. Most require 30 minutes after 5 to 8 hours; Illinois and West Virginia require 20; Kentucky, Minnesota and Vermont require a ’reasonable’ period. Maryland requires breaks only in retail stores with 50 or more employees.
Which states require paid rest breaks?
Six: California, Washington, Oregon, Colorado, Nevada and Kentucky each require a paid 10-minute rest break for every 4 hours worked (or major fraction), generally in the middle of each work period. Minnesota and Vermont require reasonable paid restroom breaks. In every other state, rest breaks aren’t required, but any short break you do allow (about 20 minutes or less) must be paid under federal law.
Does federal law require a lunch break?
No. The FLSA doesn’t require meal or rest breaks for adults. It only sets the pay rules: breaks of about 20 minutes or less are paid working time, and a meal period can be unpaid only if it’s at least 30 minutes and the employee is completely relieved of duty. The one federal break mandate is the PUMP Act, which requires break time and a private space for nursing employees.
Is a tech eating lunch in the van between jobs on a meal break?
No, in any state. If the tech is driving, answering the phone or available to dispatch, he’s working and the time is paid. In the break states it also means the required meal period wasn’t provided: in California that’s an extra hour of pay for the day, in Washington, Oregon and Colorado it’s paid time plus penalties. A compliant meal means the tech is told he’s off duty, isn’t required to monitor the phone, and has 30 uninterrupted minutes.
When does California’s meal break have to start?
Before the end of the fifth hour of work: a tech who clocks in at 7:00 a.m. must begin the meal by 11:59 a.m. A second 30-minute meal must start before the end of the tenth hour. The first meal can be waived by mutual consent only if the whole shift is 6 hours or less; the second only if the shift is 12 hours or less and the first wasn’t waived. The penalty for a late, short or missed meal is one hour of pay at the regular rate for that day, and a separate hour for a missed rest break.
Can an employee waive their meal or rest break?
It depends on the state. California allows meal waivers only for short shifts (6 hours or less, or 12 for the second meal) and never allows waiving rest breaks. Washington allows written meal waivers but rest breaks can’t be waived. Nevada requires waiver agreements to be filed with the Labor Commissioner. Oregon and Colorado allow paid on-duty meals when the work prevents relief, not waivers. Connecticut, Delaware, Maine and Rhode Island allow written agreements for alternative arrangements. A blanket waiver signed at hire is generally unenforceable.
Can I automatically deduct 30 minutes for lunch from a tech’s hours?
Only if the break was actually taken. Auto-deducting a lunch a tech worked through is an unpaid-wages violation everywhere, and in California it also creates a presumption of a meal violation under Donohue v. AMN Healthcare (2021). The safer approach is a punch-out and punch-in for the meal, or a daily attestation in the app that the break was taken, with a way to flag when it wasn’t.
What is the penalty for not providing breaks?
California: one hour of pay per day for each type of missed break (meal and rest), the largest in the country. Washington, Oregon and Colorado: wages for the missed time plus agency penalties and, for willful violations, double or treble damages. Illinois: $250 to $500 per week per employee to the state and the same to the employee. Nevada: up to $5,000 per violation. Massachusetts: fines plus treble damages on wages for meals worked through. Most other break states impose civil penalties of a few hundred to a few thousand dollars per violation plus the unpaid wages.
Do break laws apply to a one-person crew or a tech working alone?
Yes, in most break states, though several have exceptions: Nevada exempts workplaces with a single employee on duty from the meal rule, North Dakota requires two or more on duty, Connecticut and Delaware exempt shifts with fewer than 5 employees at a location, Maine requires 3 or more, Tennessee 5 or more. California, Washington, Oregon and Colorado apply regardless of headcount; where the nature of the work truly prevents relief, California requires a signed on-duty meal agreement and Oregon and Colorado allow a paid on-duty meal.
What are the break rules for a 16- or 17-year-old helper?
Nearly every state requires a 30-minute break for minors after 5 or 6 consecutive hours (Alaska, Florida, Hawaii, Indiana, Iowa, Louisiana, Maryland, Michigan, New Jersey, North Carolina, Ohio, Oklahoma, Pennsylvania, Utah, Virginia and Wisconsin have minor-only rules), and Utah adds a paid 10-minute rest every 3 hours. Minors in the trades also face federal hazardous-occupation limits (no roofing, no power tools in some categories) that matter more than the break rule.
Bottom Line
If you have techs in any of the 20 break states, write the break into the route, not just the handbook: a 30-minute unscheduled block before the fifth hour, techs told they’re off the radio, and a punch or tap that records it. In California, Washington, Oregon, Colorado, Nevada and Kentucky add the paid 10 minutes every 4 hours. Never auto-deduct a lunch a tech didn’t take. In the other 31 states, the only legal requirements are that short breaks are paid and nursing employees get time and a room, but the same scheduled gap costs nothing and keeps the crew from burning out at hour nine.
The penalties are smaller than overtime penalties almost everywhere except California, where a missed meal and a missed rest break every day for a year is 500 hours of extra pay per tech. That one state is why the whole industry learned to schedule lunch.
