Breaks: State Laws

by Patti on February 2, 2007

in Educational Articles

A lot of CNA’s ask what their rights are regarding breaks, meals and getting paid for such. Here are two lists of state statutes about breaks. Usually, rest breaks are paid; meal breaks often are NOT unless one works through it.

Rest Breaks


California

Paid 10-minute rest period for each 4 hours worked or major fraction thereof; as practicable, in middle of each work period. Not required for employees whose total daily work time is less than 3 and ½ hours.

Colorado

Paid 10-minute rest period for each 4-hour work period or major fraction thereof; as practicable, in middle of each work period.

Illinois

Each hotel room attendant — those persons who clean or put guest rooms in order in a hotel or other establishment licensed for transient occupancy — shall receive a minimum of two 15-minute paid rest breaks and one 30-minute meal period in each workday in which they work at least seven hours.

Kentucky

Paid 10-minute rest period for each 4-hour work period

Minnesota

Paid adequate rest period within each 4 consecutive hours of work, to utilize nearest convenient restroom.

Nevada

Paid 10-minute rest period for each 4 hours worked or major fraction thereof; as practicable, in middle of each work period. Not required for employees whose total daily work time is less than 3 and ½ hours.

Oregon

Paid 10-minute rest period for every 4-hour segment or major portion thereof in one work period; as feasible, approximately in middle of each segment of work period.

Washington

Paid 10-minute rest period for each 4-hour work period, scheduled as near as possible to midpoint of each work period. Employee may not be required to work more than 3 hours without a rest period.

States not listed do not require paid rest periods. All of the eight States with paid rest period requirements, also have meal period requirements.

SOURCE

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Meal Breaks

California

½ 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.

Colorado

½ 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.

Connecticut

½ hour after first 2 hours and before last 2 hours for employees who work 7½ consecutive hours or more.

Delaware

½ hour, after first 2 hours and before the last 2 hours, for employees who work 7½ consecutive hours or more.

Illinois

Each hotel room attendant — those persons who clean or put guest rooms in order in a hotel or other establishment licensed for transient occupancy — shall receive a minimum of two 15-minute paid rest breaks and one 30-minute meal period in each workday in which they work at least seven hours.

Kentucky

Reasonable off-duty period, ordinarily ½ 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.

Maine

½ hour, after 6 consecutive hours, except in cases of emergency and except where nature of work allows employees frequent breaks during workday.


Massachusetts

½ hour, if work is for more than 6 hours.

Minnesota

Sufficient unpaid time for employees who work 8 consecutive hours or more.

Nebraska

½ hour, off premises, between 12 noon and 1 p.m. or at other suitable lunch time.

Nevada

½ hour, if work is for 8 continuous hours.

New Hampshire

½ hour, after 5 consecutive hours, unless feasible for employee to eat while working and is permitted to do so by employer.

New York

1 hour noon-day period

30 minute noonday period for employees who work shifts of more than 6 hours that extend over the noon day meal period.

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. 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.

North Dakota

½ hour, if desired, on each shift exceeding 5 hours.

Oregon

½ 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 ½ 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.

Rhode Island

All employees are entitled to a 20 minute mealtime within a six hour work shift, and a 30 minute mealtime within an eight hour work shift.

Tennessee

½ hour for employees scheduled to work 6 consecutive hours or more.

Washington

½ 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 ½ hour, before or during overtime, for employees working 3 or more hours beyond regular workday.

West Virginia

20 minutes for employees who work 6 consecutive hours or more.

Guam

½ 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.

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.

SOURCE

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