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State of Employment Law: Meal and Rest Break Laws Vary Significantly from State to State

In this series, we will explore some of the ways states vary in employment laws.

As reported earlier this week, Minnesota recently passed laws that mandate a meal break of at least 30 minutes each shift and rest breaks of at least 15 minutes for every four consecutive hours worked. While federal law generally does not mandate meal or rest breaks, several states require one or both.

Nineteen states require employers to provide meal breaks and nine states require employers to provide rest breaks. However, employers may struggle to develop a one-size-fits-all multi-state policy for meal breaks, as state laws vary significantly. 

For example, in Colorado, employers must provide a 30-minute meal break to employees scheduled to work a shift of at least five hours. In contrast, employers in Illinois only have to provide a 20-minute meal break, and only to employees who work at least seven and a half hours. 

In Nevada, employees must work eight hours to earn a 30-minute meal break. New York mandates longer minimum lunch breaks for factory workers than non-factory workers and Maryland only requires lunch breaks for retail workers. 

Some states mandate when the meal break must be taken, while others are silent on timing. Arkansas does not require meal breaks, but if an Arkansas employer provides meal breaks shorter than 30 minutes, then they must be counted as hours worked.

A consistent multi-state rest break policy is likely easier to implement, as most states that require rest breaks require 10 minutes of break time for every four hours worked.