Federal meal and rest break rules
Federal law does not require meal or rest breaks. If an employer gives short breaks of about 5 to 20 minutes, they are paid work time; a bona fide meal period, ordinarily 30 minutes or more, is not.
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No federal break requirement
0 required breaks under federal law. The FLSA does not require lunch or coffee breaks. Many states do; check the state page.
Example. 8-hour shift, no break: federal law requires none. State law may.
Short rest breaks are paid
5 to about 20 minutes: rest periods of this length count as hours worked. They are paid. They count toward the 40-hour overtime line. Paid rest time may not be offset against other working time such as waiting or on-call time.
Example. 38 hours worked plus ten 15-minute breaks (2.5 hours). Hours worked: 40.5. Overtime: 0.5 hours.
Bona fide meal periods are unpaid
Ordinarily 30 minutes or more. The employee must be completely relieved from duty. Eating at a desk or machine while working is work time. Coffee and snack breaks are rest periods, not meal periods. The employee does not have to be allowed to leave the premises.
Example. 9:00–5:30 with a 30-minute lunch fully off duty: 8 hours worked. Same day, but lunch eaten at the desk answering phones: 8.5 hours worked.
Questions
Does federal law require a lunch break?
No. Federal law does not require lunch or coffee breaks. Some states do.
Are 15-minute breaks paid?
Under federal rules, yes. Rest periods of about 5 to 20 minutes count as hours worked.
Can a meal break be shorter than 30 minutes?
The regulation says 30 minutes or more is ordinarily long enough, and a shorter period may be long enough under special conditions. The key test is being completely relieved from duty.
Does the employee have to be allowed to leave the building at lunch?
Not under federal rules, if they are otherwise completely relieved from duty.
This page explains published rules. It is not legal advice. Exemption questions need a professional. Not affiliated with the U.S. Department of Labor or any state agency.