Meal and Rest Break Laws by State: California, New York and Washington Rules for Shift Workers

Your shift is 8 hours, and the last time you sat down was at the start. Is your employer required to give you a meal break? A paid rest break? The answer depends less on your job than on where you work. Federal law sets almost no rule on breaks, so the real requirements come from state law. This guide explains what the U.S. Department of Labor says, then shows how three states, California, New York and Washington, handle meal and rest periods, using their official pages and statutes.

In this guide:

1. What federal law says about breaks
2. Meal period vs. rest break
3. California
4. New York
5. Washington
6. Side-by-side comparison
7. If you missed a break
8. Keep a record of your shifts

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What federal law says about breaks

According to the Department of Labor, federal law does not require lunch or coffee breaks. It only decides how breaks are treated when an employer offers them. Short breaks of about 5 to 20 minutes are paid and count toward hours worked, including overtime. Meal periods, usually 30 minutes or more, are not work time and do not have to be paid. (More in our guide to shift work and overtime pay in the U.S.)

The DOL page does not set out the conditions under which a meal period counts as free time, and it refers readers to state labor offices for state rules. If your state requires a break, state law applies. If both federal and state law cover you, you generally get the more protective rule.

Meal period vs. rest break

Meal period: a longer break (often 30 minutes) to eat. It can usually be unpaid only if you are fully relieved of duty. If your employer requires you to stay on duty or on site for the employer's benefit, many states treat it as paid time.
Rest break: a short break (often 10 minutes), generally paid.

Many states have no meal or rest break law for adult employees, and some cover only certain industries or minors. The three examples below are among the states that do have rules for most employees; for any other state, check your state labor agency.

California

California's Labor Commissioner's Office publishes separate FAQs for meal periods (revised July 11, 2012) and rest periods (revised April 2021).

Meal period: an employer may not employ you for a work period of more than five hours without a meal period of at least 30 minutes. It must start no later than the end of the fifth hour. It can be waived by mutual consent only if your total work period is no more than six hours.
Second meal period: required for work beyond ten hours, starting no later than the end of the tenth hour. It can be waived by mutual consent only if the total is no more than 12 hours and the first meal period was not waived.
On-duty meals: allowed only if the nature of the work prevents you from being relieved of all duty and both sides agree in writing. They are paid, and you can revoke the agreement in writing. If you must stay on the premises during the meal period, it must be paid, even if you have no duties.
Rest break: a net 10 consecutive minutes for each four hours worked or major fraction, as close to the middle of the work period as practicable. The Labor Commissioner treats more than two hours as a major fraction of four. Rest time counts as time worked. No rest break is required if your total daily work time is under three and a half hours.
If it is not provided: the employer owes one additional hour of pay at your regular rate for each workday a meal period is not provided, and the same for each workday a rest period is not provided.

The Labor Commissioner's pages note that special rules apply in some industries (for example the motion picture industry), and wage orders differ by industry, so check the order that covers your job.

New York

New York's rules are in Labor Law section 162. The text below follows the statute as published by the New York State Senate (version dated September 22, 2014). The state Department of Labor enforces it, and the Commissioner can permit shorter meal periods in some cases.

Factory workers: at least 60 minutes for the noon meal.
Other employees on a shift of more than six hours that extends over the noon meal period (11 a.m. to 2 p.m.): at least 30 minutes within that window.
Long days: if your shift starts before 11 a.m. and continues after 7 p.m., you are also entitled to an additional meal period of at least 20 minutes between 5 p.m. and 7 p.m.
Evening and night shifts: for a shift of more than six hours that starts between 1 p.m. and 6 a.m., the meal period is at least 60 minutes in a factory and 45 minutes in a mercantile or other covered business, at a time midway through the shift.

The section above concerns meal periods. The statute text I reviewed does not set a rest break requirement, so check with the New York State Department of Labor for current guidance, including on shortened meal periods. If you work in a mercantile or other covered establishment, a night shift can give you a longer meal period than the noon rule alone would suggest.

Washington

Washington's rules are in WAC 296-126-092, enforced by the Department of Labor & Industries (L&I). L&I states that workers must get paid, duty-free rest periods and that this right cannot be waived. Agricultural workers and employees under 18 have separate rules.

Meal period: at least 30 minutes, starting no less than two hours and no more than five hours after the shift begins. You cannot be required to work more than five consecutive hours without one.
Overtime: if you work three or more hours beyond your normal workday, you must get at least one 30-minute meal period before or during the overtime.
Rest period: at least 10 minutes for each four hours of working time, scheduled as near as possible to the midpoint of the work period. You cannot be required to work more than three hours without a rest period. If your work allows intermittent rest totaling 10 minutes per four hours, scheduled rest periods are not required.
Pay: rest periods are on the employer's time. If you must stay on duty on the premises or at a prescribed work site for the employer's benefit, the meal period is on the employer's time too.

Side-by-side comparison

State	Meal period	Rest break	Key trigger
Federal	Not required	Not required	Paid if short; unpaid meal if relieved
California	30 min	10 min per 4 hrs	Meal before the end of hour 5
New York	30 to 60 min	Not in § 162	Shift over 6 hrs across 11 a.m. to 2 p.m.
Washington	30 min	10 min per 4 hrs	Meal 2 to 5 hrs after shift starts

Summary of the official pages and statutes cited below, as read on October 20, 2026. Industry rules, exemptions and amendments can change the result.

Other states, and some contracts, differ. A union agreement can add paid breaks, and an employer may offer more than the law requires. Whether a law covers you can also depend on your industry, your age and whether you are exempt.

If you missed a break

Know which rule applies. Check your state labor agency's page for your industry, and your union contract if you have one.
Note what happened and when. Which shift, how long it lasted, whether a break was offered, and whether you were relieved of duty. Dates and times matter.
Look at your pay stub. In California, for instance, the premium for a missed break is one hour of pay at your regular rate per workday, and it should appear as its own pay item.
Ask first, then escalate. Start with your manager or HR; if that does not resolve it, contact your state labor agency (for example the California Labor Commissioner's Office, the New York State Department of Labor or Washington L&I), your union representative or the U.S. Department of Labor's Wage and Hour Division.

Keep a record of your shifts

Break rules depend on how long your shift is and when it starts. A clear record of what you were scheduled to work helps when you want to check whether a break was due.

Shift2Cal can help you keep that record. Take a photo or upload a screenshot, PDF or CSV of your schedule; the AI reads the shifts, you check and fix them in a preview, and they sync with Apple Calendar, Google Calendar or Outlook. If your rotation repeats, save it as a recurring pattern. Shift2Cal does not calculate pay or check whether a break was legally required, but having your shift times in one place gives you something concrete to bring to payroll or an agency. Processing happens on your device, so your documents stay with you.

Sources, all read on October 20, 2026:

U.S. Department of Labor, Breaks and Meal Periods (no revision date shown on the page).
California Labor Commissioner's Office (DLSE), Meal Periods (revised 7/11/2012) and Rest Periods/Lactation Accommodation (revised April 2021).
New York State Senate, Labor Law section 162, Time allowed for meals (version dated September 22, 2014).
Washington State Legislature, WAC 296-126-092, Meal periods and rest periods, and Washington Department of Labor & Industries, Rest breaks and meal periods.

This article is general information, not legal advice. Break rules depend on your state, industry, age, job, whether you are exempt, and any union contract, and laws and agency guidance change. For a specific situation, contact your state labor agency, the U.S. Department of Labor's Wage and Hour Division at 1-866-487-9243 (1-866-4USWAGE), a union representative or an employment attorney.

Frequently asked questions

Does federal law require my employer to give me a lunch break?

No. According to the Department of Labor, federal law does not require lunch or coffee breaks. Short breaks of about 5 to 20 minutes that an employer offers are paid, while meal periods of usually 30 minutes or more are not work time and need not be paid. Break requirements come from state law or a union contract.

How long must a meal break be in California?

At least 30 minutes. California does not allow an employer to employ you for more than five hours without a meal period, which must start no later than the end of the fifth hour. A second meal period is required for work beyond ten hours. If a meal period is not provided, the employer owes one additional hour of pay at your regular rate for that workday.

Do I get a paid rest break in Washington?

Yes. Under WAC 296-126-092, you are entitled to at least a 10-minute rest period for each four hours of working time, on the employer's time, and you cannot be required to work more than three hours without one. Washington also requires a meal period of at least 30 minutes, which must start between two and five hours after the shift begins.

What does New York require for night shift meal periods?

Under Labor Law section 162, for a shift of more than six hours that starts between 1 p.m. and 6 a.m., the meal period is at least 60 minutes in a factory and 45 minutes in a mercantile or other covered business, at a time midway through the shift. A shift that starts before 11 a.m. and continues after 7 p.m. also requires an additional 20-minute meal period between 5 p.m. and 7 p.m.