Federal vs State Break Requirements
The federal Fair Labor Standards Act does not mandate lunch or coffee breaks. However, when short breaks (5 to 20 minutes) are provided, federal law requires them to be counted as hours worked.
State Mandates and Premium Pay
Certain states (including California, Washington, Oregon, and Colorado) enact strict mandatory meal and rest periods:
- 30-Minute Duty-Free Meal Period: Required after 5 hours of work in California; employee must be relieved of all duties and free to leave premises.
- 10-Minute Paid Rest Break: Required for each 4-hour work block or major fraction thereof.
- Statutory Premium Penalty: Under Cal. Lab. Code § 226.7, failing to provide compliant breaks entitles the employee to 1 hour of pay at regular rate per day for missed meal periods and 1 hour per day for missed rest periods.