US FederalIs my employer required to provide meal breaks or rest periods?
No, federal law does not require employers to provide meal breaks or rest periods.
What the Law Says
The Fair Labor Standards Act (FLSA), which governs federal wage and hour rules, does not require employers to provide meal breaks or rest periods. It sets minimum wage and overtime standards—but says nothing about breaks.
The FLSA focuses on ensuring workers receive at least the federal minimum wage for all hours worked and overtime pay (1.5× regular rate) for hours over 40 in a workweek.
Because the FLSA is silent on breaks, whether or when an employer must offer meals or rest periods is left to state law—or employer policy—not federal statute.
Statutory TextEvery employer shall pay to each of his employees who in any workweek is engaged in commerce ... wages at a rate not less than $7.25 an hour.
— 29 U.S.C. § 206 — Minimum wage
What to Do
Check your state’s labor laws — many states (e.g., California, Oregon, Washington) do require meal or rest breaks.
Review your employer’s written break policy — even if not legally required, it may be part of your workplace rules.
If you’re denied pay for short breaks (under 20 minutes), that may violate the FLSA — those breaks must be paid.
Contact your state labor department if you believe your state-mandated break rights were violated.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.