Your rights

Meal and rest breaks: lunch break laws in California, New York, Washington and the federal rule

STATEMostly state law: federal law requires no meal or rest breaks, so the rules below come from California, Washington, New York and Oregon; Texas, Florida and most other states follow the federal pay rule only.Checked by the Justice legal team against official sources · Last reviewed Oct 21, 2026

Short answer

No federal law requires a lunch or rest break; only short breaks must be paid. California requires a 30-minute meal break after 5 hours and a paid 10-minute rest break per 4 hours, with 1 hour of extra pay when a break is missed. Washington, New York and Oregon set their own rules; Texas and Florida do not.

Calculator · 6 rules

How many breaks are you owed in your shift, and what is a missed one worth?

Each rule read from the state's statute, regulation or labor department; the federal rule covers Texas, Florida and most states · checked Oct 21, 2026

Which rule?

Hours in your shiftHours worked in the day, not counting an unpaid meal period.Your hourly pay (for the premium)Only California pays a premium; elsewhere you are owed pay for time worked.I did not get the breaks

Pick your state, or the federal rule, and enter the hours in your shift.

Rehearse the conversation The rules, state by state

Each rule comes from the official source linked in the result. It runs on your device: nothing you type is stored or sent. General information, not legal advice.

Key points

Federal rule: No federal law requires meal or rest breaks. If your employer gives short breaks of about 5 to 20 minutes, they are paid work time; a meal period of 30 minutes or more can be unpaid only if you are completely relieved of duty.
California: A 30-minute unpaid meal break for a shift of more than 5 hours, a second after 10 hours, and a paid 10-minute rest break for every 4 hours or major fraction of one; no rest break under 3.5 hours.
The premium: In California, a missed meal break costs the employer 1 hour of pay for that workday, and a missed rest break another hour. Claim it with the Labor Commissioner within 3 years.
Other states: Washington: a 30-minute meal after 5 hours and paid 10-minute rests. New York: 30 minutes for a shift over 6 hours. Oregon: a meal at 6 hours and a rest per 4 hours. Texas and Florida: no state rule for adults.

No federal law gives you a lunch break, but the breaks you do get are protected. Under the Fair Labor Standards Act, an employer that offers short breaks must pay for them, and a meal period can be unpaid only when you are fully relieved of work. Whether you are owed a break at all depends on your state: California, Washington, New York and Oregon require meal periods, and California, Washington and Oregon add paid rest breaks. Texas, Florida and most other states leave it to the employer.

Below: the federal rule, breaks for nursing parents and minors, California's meal and rest rules and the 1-hour premium, the rules in Washington, New York and Oregon, a state-by-state table, what to do and say when you are denied a break, and the answers to common questions. This page explains the law; it is not legal advice.

The federal rule: no required breaks, but the breaks you get are paid

Federal law does not require lunch or coffee breaks. The U.S. Department of Labor says so in those words. What federal law does regulate is pay: when an employer offers short breaks, usually lasting about 5 to 20 minutes, they count as hours worked and must be paid. A bona fide meal period, typically lasting at least 30 minutes, is not work time and can be unpaid. U.S. Department of Labor: Breaks and meal periods · 29 C.F.R. §§ 785.18, 785.19

Short rest breaks are paid. Rest periods of short duration, running from 5 minutes to about 20 minutes, must be counted as hours worked, and the employer may not offset that paid rest time against other working time.29 C.F.R. § 785.18
A meal period is unpaid only if you are fully relieved. Ordinarily 30 minutes or more is long enough for a bona fide meal period. You must be completely relieved from duty for the purpose of eating: an employee required to perform any duties, active or inactive, while eating is still working and must be paid. You do not have to be allowed to leave the premises.29 C.F.R. § 785.19 · DOL Fact Sheet #22
Nursing parents: reasonable break time and a private space. For one year after a child's birth, your employer must give you reasonable break time to express milk each time you need to, and a place other than a bathroom that is shielded from view and free from intrusion. The break need not be paid if you do no work during it, but if the employer pays other employees for breaks it must pay you the same way. An employer with fewer than 50 employees is excused only if compliance would be an undue hardship.FLSA, as amended by the PUMP Act (P.L. 117-328) · DOL Fact Sheet #73
Minors: Florida requires a meal break; federal law does not. Federal child labor rules set no break requirement, but some states do. In Florida, a minor 15 or younger may not work more than 4 hours continuously without an interval of at least 30 minutes for a meal period, and the same rule applies to a 16- or 17-year-old on a day of 8 hours or more.Fla. Stat. § 450.081(4)
Texas and Florida adults: no state rule. The Texas Workforce Commission's guidebook for employers says that neither the FLSA nor Texas law requires employers to give breaks during the workday, and the Labor Code bars Texas cities and counties from passing their own rules on breaks. Florida's statutes require breaks only for minors. In both states the federal pay rules above still apply to any break you are given: rest or coffee breaks of 20 minutes or less are paid, and a meal break of at least 30 minutes is unpaid only when you are completely relieved from duty.Texas Workforce Commission: Breaks · Tex. Lab. Code § 1.005 · Fla. Stat. § 450.081

Tip. Which rule covers you? If your state has a break law, it applies on top of the federal pay rule, and the rule better for you wins. The table below compares California, Washington, New York, Oregon and the federal rule. Not sure whether your state has one? Your state labor department's website will say, and the federal Wage and Hour Division (1-866-487-9243) handles the pay side everywhere.

California break laws: meal periods, rest periods and the 1-hour premium

California has the most detailed break law in the country, in Labor Code § 512, Labor Code § 226.7 and the Industrial Welfare Commission wage orders. The Labor Commissioner's Office explains them in its meal period and rest period pages, which this section follows. Labor Commissioner's Office: Meal periods · Rest periods

A 30-minute meal period after 5 hours. If you work more than 5 hours in a day, you must be provided a meal period of at least 30 minutes, starting no later than the end of your fifth hour of work. If your total work for the day is no more than 6 hours, you and your employer can agree to waive it.Cal. Lab. Code § 512(a) · Labor Commissioner's Office: Meal periods
A second meal period after 10 hours. If you work more than 10 hours in a day, a second meal period of at least 30 minutes is due no later than the end of your tenth hour. It can be waived by mutual consent when your total day is no more than 12 hours, and only if you did not waive the first one.Cal. Lab. Code § 512(a) · Labor Commissioner's Office: Meal periods
Relieved of all duty. A meal period is unpaid only if your employer actually relieves you of all duty for the whole break. An employer is not required to ensure that no work is performed, but if you are not fully relieved, the time is hours worked and must be paid at your regular rate.Labor Commissioner's Office: Meal periods
On-duty meal periods, by written agreement only. An on-duty meal period, which is paid, is allowed only when the nature of the work prevents you from being relieved of all duty, and only under a written agreement that says you may revoke it in writing at any time.Labor Commissioner's Office: Meal periods
A paid 10-minute rest break for every 4 hours. You are entitled to a net 10 consecutive minutes of rest for each 4-hour work period, or major fraction of one, which the Labor Commissioner reads as more than 2 hours beyond a 4-hour block. Rest periods must, as far as practicable, be taken in the middle of each work period. No rest period is required when your total daily work time is less than 3.5 hours. Rest periods count as time worked, so they are paid.Labor Commissioner's Office: Rest periods · IWC wage orders
The premium: 1 hour of pay. For each workday your employer does not provide a required meal period, it owes you 1 additional hour of pay at your regular rate, and for each workday it does not provide a required rest period, another additional hour.Cal. Lab. Code § 226.7(c)

Hours worked in the day	Meal periods (30 minutes, unpaid)	Rest periods (10 minutes, paid)
Less than 3.5 hours	None	None
3.5 hours to 5 hours	None	1
More than 5 hours to 6 hours	1, waivable by agreement when the day is no more than 6 hours	1
More than 6 hours to 10 hours (an 8-hour shift)	1	2
More than 10 hours to 12 hours	2; the second waivable when the day is no more than 12 hours and the first was taken	3
More than 12 hours to 14 hours	2	3
More than 14 hours	2	4

So in a standard 8-hour shift in California you get one 30-minute meal period and two paid 10-minute rest periods. In a 12-hour shift: two meal periods, the second of which you can agree to skip, and three rest periods. Labor Commissioner's Office: Meal periods · Rest periods

Watch out. Deadlines. A wage claim for meal or rest period premiums must be filed within 3 years of the violation. A retaliation complaint with the Labor Commissioner must be filed within 1 year of the retaliatory act. Labor Commissioner's Office: How to file a wage claim · Retaliation

Washington, New York and Oregon: meal and rest break rules

Washington: a 30-minute meal after 5 hours, and paid 10-minute rests. You must be allowed a meal period of at least 30 minutes when you work more than 5 hours in a shift, starting between the second and fifth hour. Working more than 3 hours beyond your scheduled shift earns another 30-minute meal period. The meal is unpaid only if you are free from all duties for the entire break; it must be paid if you have to stay on duty, remain on call on the premises, or are called back to work. You must be allowed a paid rest period, free from duties, of at least 10 minutes for every 4 hours worked, and you cannot be required to work more than 3 hours without a rest break. You can waive a meal period if you and your employer agree; rest breaks cannot be waived.WAC 296-126-092 · Washington L&I: Rest breaks, meal periods and schedules
New York: 30 minutes for a shift over 6 hours, 45 minutes on a late shift. If you work a shift of more than 6 hours that extends over the noonday meal period, 11 a.m. to 2 p.m., you are entitled to at least 30 minutes off within that period for a meal; the state Labor Department describes it as 30 minutes of unpaid time off. A shift of more than 6 hours that starts between 1 p.m. and 6 a.m. earns a meal period of at least 45 minutes, midway through the shift. A shift that starts before 11 a.m. and runs past 7 p.m. gets an additional meal period of at least 20 minutes between 5 p.m. and 7 p.m. Factory workers get at least 60 minutes for the noonday meal. Section 162 covers meal periods only; a short rest break you are given follows the federal pay rule.N.Y. Lab. Law § 162 · New York State Department of Labor: Day of rest and meal periods
Oregon: a 30-minute meal at 6 hours, a paid 10-minute rest per 4 hours. Meal periods of at least 30 minutes, unpaid and free of all duties, must be provided when you work 6 hours or more in a work period: for a period of 6 to under 7 hours the meal comes after the second and before the fifth hour, and for more than 7 hours after the third and before the sixth. A paid rest period of 10 minutes is due for every 4-hour segment, or major part of one, taken about in the middle of the segment and never added to the meal or taken at the start or end of the shift. In the Bureau of Labor and Industries' chart, a shift of 2 hours or less earns no break; more than 2 hours and under 6 hours, 1 rest; 6 hours, 1 meal and 1 rest; more than 6 hours to 10 hours, 1 meal and 2 rests; more than 10 hours and under 14 hours, 1 meal and 3 rests; 14 hours, 2 meals and 3 rests; more than 14 hours to 18 hours, 2 meals and 4 rests. Workers under 18 get 15-minute rest breaks.OAR 839-020-0050 · ORS 653.261 · Oregon BOLI: Meals and breaks

Several other states also require meal or rest breaks; your state labor department's website will say. Washington, New York and Oregon all take complaints about missed breaks: see the table and the steps below.

Lunch break laws by state: California, Washington, New York, Oregon and the federal rule

The rules the calculator at the top uses, read from each state's statute, regulation or labor department on October 21, 2026. Texas, Florida and most other states follow the federal column. 29 C.F.R. §§ 785.18, 785.19 · Cal. Lab. Code §§ 512, 226.7 · WAC 296-126-092 · N.Y. Lab. Law § 162 · OAR 839-020-0050

Rule	Federal (Texas, Florida, most states)	California	Washington	New York	Oregon
Meal break: when, and how long	None required. A meal period you are given is typically 30 minutes or more. § 785.19	30 minutes when you work more than 5 hours, by the end of the fifth hour; a second 30 minutes when you work more than 10 hours. § 512(a)	30 minutes when you work more than 5 hours, between the second and fifth hour; another 30 minutes if you work more than 3 hours past your scheduled shift. WAC 296-126-092	30 minutes for a shift of more than 6 hours covering 11 a.m. to 2 p.m.; 45 minutes for a shift of more than 6 hours starting between 1 p.m. and 6 a.m.; 60 minutes in a factory. § 162	30 minutes when you work 6 hours or more; a second at 14 hours. OAR 839-020-0050
Can you waive the meal break?	Not regulated.	Yes, by mutual consent, when the day is no more than 6 hours; the second when the day is no more than 12 hours and the first was taken. § 512(a)	Yes, if you and your employer agree. L&I	No waiver is provided for in § 162.	Not stated on BOLI's page; ask BOLI.
Is the meal break paid?	No, if you are completely relieved from duty; yes, if you do any work while eating. § 785.19	No, if relieved of all duty; an on-duty meal period under a written agreement is paid. Labor Commissioner	No, if free from all duties for the entire break; paid if you stay on duty or on call on the premises. L&I	No: 30 minutes of unpaid time off. NYS DOL	No: unpaid, and free of all duties. BOLI
Rest breaks	None required; short breaks of about 5 to 20 minutes that you are given are paid. § 785.18	10 minutes paid for every 4 hours or major fraction; none when the day is under 3.5 hours. Labor Commissioner	10 minutes paid for every 4 hours; never more than 3 hours without one; cannot be waived. WAC 296-126-092	None required by § 162; a short break you are given is paid under the federal rule.	10 minutes paid per 4-hour segment or major part of one; 15 minutes for workers under 18. OAR 839-020-0050
If a break is missed	You are paid for the time you worked. §§ 785.18, 785.19	1 hour of pay for each workday a meal period is missed, and another 1 hour for rest periods. § 226.7(c)	Pay for the time worked; a worker rights complaint within 3 years. L&I	Pay for the time worked; a complaint on form LS 223 to the Division of Labor Standards. NYS DOL	Pay for the time worked; a complaint to BOLI. BOLI
Where to complain	U.S. Department of Labor, Wage and Hour Division, 1-866-487-9243.	Labor Commissioner's Office: a wage claim within 3 years; a retaliation complaint within 1 year.	Department of Labor & Industries: within 3 years; retaliation within 180 days; 1-360-902-5316.	Department of Labor, Division of Labor Standards: form LS 223, by mail.	Bureau of Labor and Industries: online, by email, or 971-245-3844.

Tip. Minors. Florida requires a 30-minute meal period after 4 hours of continuous work for a minor 15 or younger, and for a 16- or 17-year-old on a day of 8 hours or more; Oregon gives workers under 18 a 15-minute rest. Check your state's child labor rules. Fla. Stat. § 450.081(4) · Oregon BOLI

What to do if you don't get your breaks

Check which rule covers you. Use the table above. In Texas, Florida and most states no break is owed, but any short break you take must be paid, and working through lunch must be paid too.
Keep a log. Write down each shift: when it started and ended, when you took a break, and when you could not and why. California's Labor Commissioner tells workers to track all hours worked, including meal and rest breaks, and to keep all their pay stubs. A note on your phone is enough.
Ask your manager, then put it in writing. Ask for the break to be scheduled. If the answer is no, send a short message or email so there is a record, using the words below.
Claim the premium or the pay. In California, file a wage claim with the Labor Commissioner's Office online, by email, by mail or in person, within 3 years, for 1 hour of pay for each day a meal period was missed and another for rest periods. In Washington, file a worker rights complaint with L&I within 3 years. In New York, send form LS 223 to the Division of Labor Standards. In Oregon, file with BOLI. Everywhere, unpaid time worked through a break can go to the Wage and Hour Division, 1-866-487-9243.
Report retaliation. It is illegal to fire, cut hours or otherwise punish you for asking for breaks or filing a claim. In California, file a retaliation complaint within 1 year; in Washington, within 180 days.

“We're short-staffed today. You'll have to eat at the register.”

In California, you can say: “If I work through lunch, that time has to be paid. Can we schedule a 30-minute break when someone can cover me?”

“Just clock out for lunch and keep an eye on things.”

You can say: “If I'm still responsible for the floor, I'm not relieved of duty, so the law treats that as work time.”

“Nobody takes rest breaks here.”

In California, Washington or Oregon, you can say: “I'd like to take the paid 10-minute rest breaks the state requires. When would you like me to take them?”

“You can skip your break and leave early instead.”

You can say: “I'm happy to leave early, but I'd like that in writing, and I can't be asked to give up a break the law doesn't let me waive.”

“File a complaint and see what happens.”

You can say: “I'd rather fix this here. If I do file, the law protects me from retaliation.”

Keep every message. Dates, times and names are the evidence a wage claim runs on.

Checklist

Before you file a wage claim

Tick what you have ready

The rule for my state, from the table: when a meal break is due, and the rest breaks Cal. Lab. Code § 512 · WAC 296-126-092 · N.Y. Lab. Law § 162 · OAR 839-020-0050
A log of each shift: start, end, and each break taken or missed Labor Commissioner's Office: How to file a wage claim
Every pay stub and time record for the period Labor Commissioner's Office: How to file a wage claim
The premium, in California: 1 hour of pay for each workday a meal period was missed, and another for rest periods Cal. Lab. Code § 226.7(c)
My written request to my manager, and the answer Labor Commissioner's Office: Retaliation
The deadline: 3 years for a California wage claim or a Washington complaint Labor Commissioner's Office: How to file a wage claim · Washington L&I: Worker rights complaints
Where to file: the Labor Commissioner, L&I, the Division of Labor Standards (form LS 223), BOLI, or the Wage and Hour Division 29 C.F.R. § 785.19

Tick what you have ready; each item points to the part of this page that explains it.

Rehearse the conversation

Every point comes from this page and its official sources. Your ticks are not saved or sent anywhere. Not legal advice.

Getting help

Break claims are often part of a larger wage claim. If you were also not paid overtime or the minimum wage, the pages below cover those, the Work and pay hub lists the agencies, and free legal aid can look at the whole picture.

Find a lawyer or free legal aidLegal aid and state bar referral services, with first-consultation prices.Overtime in CaliforniaDaily overtime, double time, and the Labor Commissioner wage claim step by step.Unpaid overtime and wagesYour federal rights, the deadlines, and how to file with the Wage and Hour Division.Minimum wageFederal and state rates, tips, and where to report unpaid minimum wage.Your final paycheckWhen your last pay is due after you quit or are fired.

Common questions

Do I get a break in an 8-hour shift?

Under federal law, no break is required. In California, an 8-hour shift earns one 30-minute meal period and two paid 10-minute rest periods. Washington and Oregon also give one 30-minute meal and two 10-minute rests. New York gives a 30-minute meal when a shift of more than 6 hours covers 11 a.m. to 2 p.m.

Can my employer make me work through lunch?

In states without a break law, yes, but the time must be paid. In California, Washington, New York and Oregon you must be given the meal period; in California, a day without the required meal period costs the employer 1 hour of pay.

Are breaks paid?

Short breaks, about 5 to 20 minutes, are paid everywhere. A meal period of 30 minutes or more can be unpaid only if you are completely relieved of duty. Rest breaks in California, Washington and Oregon are paid; meal periods there, and in New York, are not.

Can I skip my lunch break and leave early?

In California, only by mutual agreement and only when your day is no more than 6 hours; the second meal period can be waived when the day is no more than 12 hours. Washington lets you waive a meal period by agreement, but never a rest break. Under the federal rule there is nothing to waive, but get any deal in writing.

What if I'm the only one on shift?

In California, an on-duty meal period is allowed only when the nature of the work prevents relief from all duty, under a written agreement you can revoke at any time, and it is paid. Under the federal rule, if you keep working while you eat, the time is paid work time.

How far back can I claim missed breaks?

In California, a wage claim for meal and rest period premiums must be filed within 3 years of the violation. In Washington, a worker rights complaint within 3 years. For time worked through a break under federal law, see unpaid overtime and wages for the deadlines.

Does Texas have a lunch break law?

No. The Texas Workforce Commission says neither the FLSA nor Texas law requires employers to give breaks, and the Labor Code stops cities from passing their own. Breaks you are given follow the federal pay rule: 20 minutes or less is paid, and a meal break of at least 30 minutes is unpaid if you are fully relieved.

Can I be fired for asking for my breaks?

Retaliation for asserting a right under the labor laws is illegal. California takes retaliation complaints within 1 year of the act; Washington within 180 days. See wrongful termination.

Official sources

This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.