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Break Compliance Calculator: Meal and Rest Break Laws by State

Check Meal Period, Rest Break, and Heat Break Requirements Across 50 States + DC + Federal with CA Premium Pay Calculations

Free break compliance calculator for HR managers, site supervisors, and payroll departments who need to know the meal and rest break rules for every state where they have workers. Covers 52 jurisdictions — all 50 states, DC, and federal FLSA rules — with specific requirements for meal period timing, paid vs unpaid breaks, rest break frequency, and minor employee protections. For California, the calculator computes premium pay penalties when breaks are missed, late, or waived improperly.

Break law violations are one of the most expensive wage-and-hour mistakes a contractor can make. A single missed meal break penalty in California is one additional hour of pay at the regular rate. Across a 50-person jobsite for one year, systematic meal break violations can generate $250,000+ in back pay and penalties before attorney fees. This calculator flags which states require breaks, at what intervals, and whether the break must be paid. The heat break analysis identifies states and conditions requiring additional paid cooling breaks, which is critical for construction and outdoor work crews.

Pro Tip: In California, if an employee works more than 5 hours without a 30-minute meal break, you owe them one hour of premium pay at their regular rate — even if they chose to skip the break voluntarily. The only valid waiver is a written mutual agreement when the shift is 6 hours or less. For the second meal break (triggered at 10 hours), the waiver is only valid if the employee took the first meal break and the shift will not exceed 12 hours. Document every waiver in writing. "They said they didn't want a break" is not a legal defense without a signed waiver.

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How It Works

  1. Select State

    Choose the state where the work is being performed. If you have crews in multiple states, run the calculator for each state to see the different requirements. The rules that apply are based on where the work happens, not where the company is headquartered.

  2. Enter Shift Length

    Input the total shift length including any overtime. Longer shifts trigger additional break requirements in many states. A 12-hour shift in California, for example, triggers two 30-minute meal breaks and three 10-minute rest breaks.

  3. Review Meal Break Requirements

    See when meal breaks are required, how long they must be, whether they are paid or unpaid, and what the waiver conditions are. Some states have no meal break requirement for adults; others mandate specific timing (e.g., no later than 5 hours into the shift).

  4. Review Rest Break Requirements

    See rest break frequency and duration. California requires a paid 10-minute rest break for every 4 hours (or major fraction thereof) worked. Other states have different or no rest break requirements.

  5. Check Heat Break Requirements

    For outdoor work, the calculator identifies whether the selected state has heat illness prevention break requirements. California, Washington, and several other states require paid cooling breaks when temperatures exceed specified thresholds.

  6. Calculate CA Premium Pay

    If California is selected, enter any missed or late breaks to calculate the premium pay penalty owed. One hour of pay per missed meal break and one hour per missed rest break, per employee, per day.

Built For

  • Multi-state construction contractors checking break requirements before mobilizing crews to a new state they have not worked in before
  • California contractors calculating premium pay exposure for meal break violations discovered during a payroll audit
  • HR managers creating break policy documents that comply with the specific requirements of each state where the company operates
  • Site superintendents scheduling break times for a 12-hour shift to ensure compliance with both meal and rest break timing
  • Safety managers evaluating heat break requirements for outdoor construction crews during summer months in California and Washington
  • Payroll departments processing premium pay for break violations and documenting the calculations for compliance records

Features & Capabilities

52 State/Jurisdiction Database

Complete meal and rest break requirements for all 50 states, DC, and federal FLSA. Each entry specifies timing thresholds, duration, paid vs unpaid status, waiver conditions, and minor employee protections.

CA Premium Pay Calculator

Calculates the one-hour premium pay penalty for each missed meal or rest break in California. Shows the total exposure per employee per day and projects annual risk for systematic violations.

Heat Break Analysis

Identifies states with heat illness prevention break requirements and the temperature thresholds that trigger additional paid cooling breaks for outdoor workers.

Shift-Length Based Requirements

Dynamically shows which breaks are required based on the entered shift length. Longer shifts trigger additional breaks in states with progressive requirements.

Waiver Condition Display

Shows the specific conditions under which meal break waivers are valid for each state. Helps supervisors know when a verbal agreement is sufficient vs when a written waiver is required.

PDF Export

Export state-specific break requirements as a PDF for posting at jobsites, inclusion in employee handbooks, or compliance documentation.

Frequently Asked Questions

About 21 states require meal breaks for adult employees, including California, Colorado, Connecticut, Delaware, Illinois, Kentucky, Maine, Maryland, Massachusetts, Minnesota, Nebraska, Nevada, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Tennessee, Vermont, Washington, and West Virginia. Requirements vary significantly. Most require a 30-minute unpaid break after 5 or 6 hours of work. The remaining states defer to federal FLSA, which does not require meal breaks for adults. However, if an employer provides short breaks (5-20 minutes), FLSA requires those to be paid.
In California, if an employer fails to provide a compliant 30-minute meal break, the employee is owed one additional hour of pay at their regular rate of pay. This applies for each workday a meal break is missed. If both the first and second meal breaks are missed in the same day, the penalty is two hours of premium pay. At $35/hr, one missed meal break per day across 20 working days is $700 per employee per month. For a 50-person crew, systematic violations could cost $35,000/month in premium pay alone.
In states that require rest breaks (like California), the breaks must be paid. California requires a paid 10-minute rest break for every 4 hours worked (or major fraction thereof). Under federal FLSA, any break of 20 minutes or less must be counted as paid work time. Unpaid breaks are only permitted for meal periods of 30 minutes or more where the employee is completely relieved of all duties. If an employee must remain at their workstation or stay "on call" during a meal break, it must be paid.
California requires employers to provide access to shade and encourage a minimum 5-minute cool-down rest period when temperatures exceed 80F. When temperatures reach 95F or higher (High Heat Procedures), employers must observe mandatory 10-minute cooling breaks every 2 hours and designate at least one person to call emergency services if needed. Washington state has similar requirements. OSHA's federal heat illness prevention campaign encourages water, rest, and shade but does not mandate specific break intervals.
It depends on the state. In California, an employee can waive the first meal break only if the shift is 6 hours or less, by mutual written agreement. The second meal break (for shifts over 10 hours) can be waived only if the shift does not exceed 12 hours and the first meal break was taken. In most other states that require meal breaks, waivers are either not permitted or have specific conditions. Even where waivers are allowed, the employer cannot pressure or incentivize employees to skip breaks. Document all waivers in writing.
No. Meal and rest break laws apply only to employees, not independent contractors. However, many workers classified as independent contractors are actually misclassified employees under state and federal tests (ABC test in California, economic reality test under FLSA). If a worker is found to be misclassified, the employer is liable for all missed break penalties retroactively. The break compliance question often surfaces during misclassification audits and lawsuits.
Disclaimer: Break law requirements shown are based on current state statutes and regulations but may change. This tool is for informational and planning purposes only and does not constitute legal advice. Always verify current requirements with your state department of labor or employment attorney.

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