Jurisdiction 2/ |
Basic Standard |
Prescribed By: |
Coverage 3/ |
Comments |
| California |
1/2 hour, after 5 hours, except
when workday will be completed in 6 hours or
less and there is mutual employer/employee consent
to waive meal period. On-duty meal period counted
as time worked and permitted only when nature
of work prevents relief from all duties and
there is written agreement between parties.
Employee may revoke agreement at any time. The
Industrial Welfare Commission may adopt working
condition orders permitting a meal period to
start after 6 hours of work if the commission
determines that the order is consistent with
the health and welfare of the affected employees.
|
Administratively issued Industrial
Welfare Commission Orders. |
Uniform application to industries
under 14 Orders, including agriculture and private
household employment. Exempts employees in the
wholesale baking industry who are subject to
an Industrial Welfare Commission Wage Order
and who are covered by a valid collective bargaining
agreement that provides for a 35-hour workweek
consisting of five 7-hour days, payment of 1
and 1/2 times the regular rate of pay for time
worked in excess of 7 hours per day, and a rest
period of not less than 10 minutes every 2 hours. |
|
| |
1/2 hour, to not more than 1 hour,
after 6 hours, with subsequent meal periods
required 6 hours after termination of proceeding
meal period. On-duty meal period counted as
time worked and permitted only when nature of
work prevents relief from all duties and there
is written agreement between parties. |
|
Applicable under motion picture
industry. |
|
| Colorado
|
1/2 hour after 5 hours, except
when workday will be completed in 6 hours or
less. On-duty meal period counted as time worked
and permitted when nature of work prevents relief
from all duties. |
Administratively issued Wage
Order for 7 industries |
Applicable to retail trade,
food and beverage, public housekeeping, medical
profession, beauty service, laundry and dry
cleaning, and janitorial service industries.
Excludes certain occupations, such as teacher,
nurse, and other medical professionals. |
|
| Connecticut
|
1/2 hour after first 2 hours and
before last 2 hours for employees who work 71/2
consecutive hours or more. |
Statute |
Excludes employer who provides
30 or more total minutes of paid rest or meal
periods within each 71/2 hour work period. Meal
period requirement does not alter or impair
collective bargaining agreement in effect on
7/1/90, or prevent a different schedule by written
employer/employee agreement. |
Labor Commissioner is directed
to exempt by regulation any employer on a finding
that compliance would be adverse to public safety,
or that duties of a position can be performed
only by one employee, or in continuous operations
under specified conditions, or that employer
employs less than 5 employees on a shift at
a single place of business provided the exemption
applies only to employees on such shift. |
| Delaware |
1/2 hour, after first 2 hours
and before the last 2 hours, for employees who
work 71/2 consecutive hours or more. |
Statute |
Excludes teachers and workplaces
covered by a collective bargaining agreement
or other written employer/employee agreement
providing otherwise. Exemptions may also be
granted where compliance would adversely affect
public safety; only one employee may perform
the duties of a position, an employer has fewer
than five employees on a shift at a single place
of business; or where the continuous nature
of an employer's operations requires employees
to respond to urgent or unusual conditions at
all times and the employees are compensated
for their meal break periods. |
An administrative penalty of
up to $1,000 for each violation may be assessed
an employer who discharges or discriminates
against an employee for complaining or providing
information to the Department of Labor pursuant
to a violation of this requirement. |
| Illinois
|
20 minutes, after 5 hours, for
employees who are to work 71/2 continuous hours
or more. |
Statute |
Excludes employees whose meal
periods are established by collective bargaining.
Different requirements apply to employees who
monitor individuals with developmental disabilities
and/or mental illness. |
|
| Kentucky |
Reasonable off-duty period,
ordinarily 1/2 hour but shorter period permitted
under special conditions, between 3rd
and 5th hour of work. Not counted
as time worked. Coffee breaks and snack time
not to be included in meal period. |
Statute and regulation |
Excludes employers subject to
Federal Railway Labor Act. Meal period requirement
does not negate collective bargaining agreement
or mutual agreement between employer and employee.
|
|
| Maine |
1/2 hour, after 6 consecutive
hours, except in cases of emergency and except
where nature of work allows employees frequent
breaks during workday. |
Statute |
Applicable to places of employment
where 3 or more employees are on duty at one
time. Not applicable if collective bargaining
or other written employer-employee agreement
provides otherwise. |
|
| Massachusetts
|
1/2 hour, if work is for more
than 6 hours. |
Statute |
Excludes iron works, glass works,
paper mills, letter press establishments, print
works, and bleaching or dyeing works. |
Labor Commissioner may grant
exemption to a factory workshop or mechanical
establishment, if in discretion of Commissioner,
it is necessary by reason of continuous process
or special circumstance, including collective
bargaining agreement. |
| Minnesota
|
Sufficient unpaid time for employees
who work 8 consecutive hours or more. |
Statute |
Excludes certain agricultural
and seasonal employees. Meal period requirement
does not prohibit different provisions under
collective bargaining agreement. |
|
| Nebraska |
1/2 hour, off premises, between
12 noon and 1 p.m. or at other suitable lunch
time. |
Statute |
Applicable to assembly plant,
workshop, or mechanical establishment, unless
employee is covered by a valid collective bargaining
agreement or other written agreement between
an employer and employee. |
|
| Nevada |
1/2 hour, if work is for 8 continuous
hours. |
Statute |
Applicable to employers of two
or more employees. Excludes employees covered
by collective bargaining agreement |
Labor Commissioner may grant
exemption on employer evidence of business necessity.
|
| New Hampshire
|
1/2 hour, after 5 consecutive
hours, unless feasible for employee to eat while
working and is permitted to do so by employer.
|
Statute |
Applicable to any employer.
|
|
| New York |
1 hour noon-day period |
Statute |
Factories |
Labor Commissioner may give
written permission for shorter meal period under
each standard. |
| |
30 minute noonday
period for employees who work shifts of more
than 6 hours that extend over the noon day meal
period. |
Statute |
All other establishments
and occupations covered by the Labor Law. |
|
| |
An additional 20
minutes between 5 p.m. and 7 p.m. for those
employed on a shift starting before 11 a.m.
and continuing after 7 p.m. |
Statute |
All industries
and occupations. |
|
| |
1 hour in factories,
45 minutes in other establishments, midway in
shift, for those employed more than a 6-hour
period starting between 1 p.m. and 6 a.m. |
Statue |
See basic standard |
|
|
North Dakota |
1/2 hour, if desired,
on each shift exceeding 5 hours. |
Administratively
issued Minimum Wage and Work Conditions Order.
|
Applicable when
two or more employees are on duty. Collective
bargaining agreement takes precedence over meal
period requirement. |
Employees who are
completely relieved of their duties but required
to remain on site do not have to be paid. |
| Oregon |
1/2 hour, with relief from all
duty, for each work period of 6 to 8 hours,
between 2nd and 5th hour
for work period of 7 hours or less and between
3rd and 6th hour for work
period over 7 hours; or, less than 1/2 hour but
not less than 20 minutes, with pay, with relief
from all duty, where employer can show that
such a paid meal period is industry practice
or custom; or, where employer can show that
nature of work prevents relief from all duty,
an eating period with pay while on duty for
each period of 6 to 8 hours. |
Administratively issued Wage
and Hour Commission rules. |
Applicable to every employer,
except in agriculture and except employees covered
by collective bargaining agreement. |
In absence of regularly scheduled
meal periods, it is sufficient compliance when
employer can show that the employee has, in
fact, received the time specified (permitted
only where employer can show that ordinary nature
of the work prevents employer from establishing
and maintaining a regularly scheduled meal period).
|
| Rhode Island
|
20 minutes, after 6 hours, except
on maximum 6 1/2 hour shift ending by 1 p.m.;
and except on maximum 7 1/2 hour shift ending
by 2 p.m. if employee has opportunity to eat
during employment. |
Statute |
Applicable to factory, workshop,
and mechanical or mercantile establishment,
except for certain nighttime switchboard operators.
|
|
| Tennessee
|
1/2 hour for employees scheduled
to work 6 consecutive hours or more. |
Statute |
Applicable to every employer.
|
|
| Washington |
1/2 hour, if work period is more
than 5 consecutive hours, to be given not less
than 2 hours nor more than 5 hours from beginning
of shift. Counted as worktime if employee is
required to remain on duty on premises or at
a prescribed worksite. Additional 1/2 hour, before
or during overtime, for employees working 3
or more hours beyond regular workday. |
Administrative regulation |
Excludes newspaper vendor or
carrier, domestic or casual labor around private
residence, sheltered workshop, and agricultural
labor. 2/ Rules
for construction trade employees may be superseded
by a collective bargaining agreement covering
such employees if the terms of the agreement
specifically require meal periods and prescribe
requirements concerning them. |
Director of Labor and Industries
may grant variance for good cause, upon employer
application. |
| West Virginia
|
20 minutes for employees who
work 6 consecutive hours or more. |
Statute |
Applicable to every employer.
Meal period is required where employees are
not afforded necessary breaks and/or permitted
to eat lunch while working. |
|
| Guam |
1/2 hour, after 5 hours, except
when workday will be completed in 6 hours or
less and there is mutual employer/employee consent
to waive meal period. Not considered time worked
unless nature of work prevents relief from duty.
|
Statute |
Excludes agriculture where fewer
than 10 are employed, domestic employment, and
fishing industry, among others. |
|
| Puerto Rico
|
1 hour, after end of 3rd
but before beginning of 6th consecutive
hour worked. Double-time pay required for work
during meal hour or fraction thereof. |
Statute |
Excludes domestic service; and
public sector employment other than agricultural,
industrial, commercial or public service enterprises.
|
Meal period may be shortened
for convenience of employee by mutual employer-employee
consent and with approval of Secretary of Labor.
Such consent and approval not necessary if union
and employer agree on shorter period. Requirement
for a second meal period for employees working
up to 10 hours may be waived with approval of
Secretary of Labor. |