['Wage and Hour']
['Breaks and Meal Periods']
05/16/2022
...
Many states require employers to offer break or meal periods. These laws apply to adult employees. Child labor laws in may require break periods, even if the state does not require breaks for adult workers.
The following table summarizes the break and meal periods required by each state. Most states do not require rest periods (like coffee breaks). Many states require accommodations for lactating mothers. Typically, this means mothers who need to express breast milk must be allowed to do so during normal breaks. In most states, appropriate facilities (other than a toilet stall) must be provided for this purpose.
See the applicable state page for complete details. Note 19 states have no such provisions and are not included on the table: Alabama, Alaska, Arizona, Florida, Idaho, Iowa, Kansas, Louisiana, Maryland, Michigan, Missouri, New Jersey, North Carolina, Ohio, Pennsylvania, South Carolina, South Dakota, Utah, and Wisconsin.
STATE | TYPE OF BREAK | ||
Rest period required | Meal period required | Lactation accommodation | |
Arkansas | yes | ||
California | yes | yes | yes |
Colorado | yes | yes | yes |
Connecticut | yes | yes | |
Delaware | yes | ||
Dist. of Columbia | yes | ||
Georgia | yes | ||
Hawaii | yes | ||
Illinois | yes | yes | |
Indiana | yes | ||
Kentucky | yes | yes | |
Maine1 | yes | yes | yes |
Maryland9 | yes | yes | |
Massachusetts | yes | ||
Minnesota2 | yes | ||
Mississippi | yes5 | ||
Montana | yes6 | ||
Nebraska | yes | ||
Nevada | yes | yes | |
New Hampshire | yes | ||
New Mexico3 | yes | ||
New York | yes | yes | |
North Dakota | yes | yes7 | |
Oklahoma | yes | ||
Oregon | yes | yes | yes |
Rhode Island | yes | yes | |
Tennessee | yes | yes | |
Texas | yes7 | ||
Vermont4 | yes | yes | yes |
Virginia | yes8 | ||
Washington | yes | yes | yes7 |
West Virginia | yes | ||
Wyoming | yes8 |
NOTES:
- Maine combines break and meal time provisions. An employee may not work more that 6 consecutive hours without at least 30 minutes of rest time. This rest time may be used by the employee as a meal time.
- Although Minnesota does not require break or meal periods, state law clarifies that any break of 20 minutes or less must be paid working time.
- Although New Mexico does not require lunch breaks or rest periods, deductions cannot be made from wages if less than 30 minutes is allowed for these breaks.
- Vermont law does not specify a particular break period, but does require employers to provide reasonable opportunities to eat and to use toilet facilities in order to protect the health and hygiene of the employee.
- Mississippi doesn't require extra breaks for lactating mothers, but employers cannot prohibit employees from expressing breast milk during any breaks which are provided.
- Montana's lactation accommodation law applies only to public employers, not to private employers.
- North Dakota, Texas, and Washington do not require breaks for lactating mothers, but have provisions for "infant friendly" or "mother friendly" designations if employers adopt such policies.
- Virginia and Wyoming don't have laws for lactation accommodation, but the states have adopted resolutions which encourage employers to adopt these policies.
- Maryland law applies only to retail establishments with 50 or more employees. It requires a break of 15 minutes for shifts of four to six hours (although this may be waived), and a break of 30 minutes for shifts longer than six hours.
['Wage and Hour']
['Breaks and Meal Periods']
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