Are lunch breaks paid?
Short breaks are paid time. A real meal break usually is not. Where the line falls, and which states require breaks at all.
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Whether a break is paid decides whether it comes off your hours, so it changes every total on a time card. The federal answer is short, the state answers vary, and the deciding question in both is whether you were actually free from work.
The federal rule
Federal law does not require employers to give any breaks. But if they do, the Fair Labor Standards Act rules decide whether they are paid:
- Rest breaks of about 5 to 20 minutes are hours worked and must be paid (29 CFR 785.18). An employer cannot deduct a 15 minute coffee break from your time.
- Bona fide meal periods, ordinarily 30 minutes or more, are not hours worked and can be unpaid (29 CFR 785.19), but only if you are completely relieved from duty.
"Completely relieved" is the part that matters. If you eat at your desk and answer the phone, stay at a machine, watch a counter, or are regularly interrupted, the meal period is working time and has to be paid, even if it is scheduled as unpaid. You do not have to be allowed to leave the building for a meal to be unpaid, but you must be free of work.
States that require meal breaks
| State | Meal break required |
|---|---|
| California | 30 minutes before the end of the 5th hour; a second before the end of the 10th |
| Colorado | 30 minutes for shifts over 5 hours |
| Connecticut | 30 minutes for shifts of 7.5 hours or more |
| Delaware | 30 minutes for 7.5 consecutive hours |
| Illinois | 20 minutes for shifts of 7.5 hours or more, starting within the first 5 hours |
| Massachusetts | 30 minutes for shifts over 6 hours |
| Nevada | 30 minutes for 8 continuous hours |
| New Hampshire | 30 minutes after 5 consecutive hours |
| New York | 30 minutes for shifts over 6 hours that span 11 AM to 2 PM, with additional rules for other shifts |
| Oregon | 30 minutes for shifts of 6 hours or more |
| Tennessee | 30 minutes for 6 consecutive hours |
| Washington | 30 minutes for shifts over 5 hours |
California, Colorado, Oregon and Washington also require paid rest breaks, usually 10 minutes for every 4 hours worked. In California, a missed meal or rest break earns an extra hour of pay at the regular rate for each workday it happens.
Automatic lunch deductions
Many payroll systems deduct 30 minutes a day automatically instead of asking employees to punch out and back in. That is allowed, but the employer remains responsible for paying for any meal period that was worked through or cut short. If your lunch was interrupted, tell your supervisor or payroll the same day and ask for the deduction to be reversed. Keep a note of the dates.
Entering breaks on a time card
In the time card calculator, enter lunch out and lunch in times to subtract the actual meal break. If your employer uses an automatic deduction instead, leave the lunch fields empty and set the unpaid break under "Overtime, rounding and breaks"; it is applied only on days without lunch punches. Do not enter paid rest breaks at all, since they stay in your hours.
Short lunches
A meal break shorter than 30 minutes can still be unpaid under federal rules in special conditions, but a 15 or 20 minute "lunch" is more often treated as a rest break, which means it must be paid. If your employer schedules a 20 minute unpaid lunch, check your state's rule: Illinois allows 20 minutes, most other states that regulate meals require 30.
Frequently asked questions
Is a 30 minute lunch break paid?
Usually not, as long as you are completely relieved of duty for the whole 30 minutes. If you are expected to answer phones, watch equipment or stay available, it must be paid.
Are 15 minute breaks paid?
Yes. Under federal rules, breaks of about 5 to 20 minutes count as hours worked and must be paid.
Can I skip lunch and leave early?
Under federal law, yes, if the employer agrees. In states that require meal breaks, such as California, Washington or Oregon, the break generally cannot be skipped except under the specific waivers state law allows.