Breaks and meal periods - New Hampshire

Summary of differences between federal and state regulations

Breaks

Federal law does not require that employers provide rest periods or coffee/snack breaks.  However, when employers do offer short breaks, usually lasting between five to 20 minutes, the breaks must be considered work time and employees are paid for the time.

Effective July 1, 2025, NH employers with six or more employees must provide nursing employees a break of about 30 minutes every three hours to express milk and access to a reasonable, sufficient space to do so.

The space must be a clean space shielded from view and free from intrusion from coworkers and the public.

Employees must notify the employer at least two weeks prior to needing reasonable break periods and sufficient space for expression of milk during work hours; provided that such notice complies with the employer's policies.

Employers may be exempted from this requirement if providing reasonable break time and sufficient space for expressing milk would impose an undue hardship to the employer's operations.

Meal periods

Federal law does not require that employers provide meal periods.  Bona fide meal periods, which typically last between 30 and 60 minutes, serve a different purpose than a break.  During meal periods, the employee must be completely relieved from duty.  Bona fide meal periods are not considered work time and are not compensable. If an employee is not totally relieved of job duties during the time he or she is eating a meal, then the employee must be paid for that time.

New Hampshire provides that an employee may not work more than five consecutive hours without receiving a half-hour meal period.

State

Contact

New Hampshire Department of Labor

Regulations

Title XXIII, Labor, Chapter 275, Protective Legislation

Day's Work; Days of Rest, Section 275:30-a

275:30-a Lunch or Eating Period. – An employer may not require an employee to work more than five consecutive hours without granting him a 1/2 hour lunch or eating period, except if it is feasible for the employee to eat during the performance of his work, and the employer permits him to do so.

Policies relating to nursing mothers: 275:78 through 275.83

Federal

Contact

The US Department of Labor is the federal agency that monitors hours worked.

Regulations

U.S. labor regulations for hours worked can be found in CFR 29: Part 785 Rest Periods and Meal Periods.