Rest Periods

What Is a Rest Period at Work?

A rest period at work is a short break given to employees during their work time. Employees can use this time to relax, use the restroom, and/or have a snack without performing any work responsibilities.

How Long Is a Standard Rest Break?

Typically, a rest break is 5 to 20 minutes. Breaks that are 30 minutes or longer are usually classified as meal periods during which hourly employees are expected to clock out.

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Are Rest Periods Paid or Unpaid?

The Department of Labor (DOL) does not require employers to provide rest periods to their employees. However, if they do offer rest periods, it’s considered paid time and must be compensated. These breaks count towards total hours worked and overtime.

Meal Breaks vs. Rest Breaks: What's the Difference?

Meal Breaks

Not required by the DOL
Usually last at least 30 minutes
Meant for employees to have time to eat
Unpaid and not counted as work time (if the employee is completely free from work responsibilities)

Rest Breaks

Not mandated by federal law, but must be compensated if provided
Usually last between 5 to 20 minutes
Paid and count as work time
Contribute to total work hours and overtime

Rest Break Laws by State

The Department of Labor doesn’t have standard minimum rest period requirements for all states. However, certain states have implemented specific requirements.

Here are the detailed requirements for each of those states:

State

Rest Period Guidelines

California

Employees get one paid 10-minute rest period for every four hours worked.
Rest periods should be in the middle of each work period if possible.
Employers are not required to provide rest breaks for employees working less than 3.5 hours daily.

Colorado

Workers get one paid 10-minute rest period for every four hours of work or close to that length of time.
Rest periods should be in the middle of the work period if possible.

Illinois

Only hotel employers are required to provide paid rest periods to employees.
Hotel room attendants get two 15-minute paid rest breaks per workday if working at least seven hours.
This regulation only applies in counties with over three million residents.
During breaks, employees cannot be required to work.
Break areas must have enough seating and tables in a clean, comfortable environment.
Employers must provide clean drinking water for free.
Employers must keep accurate records of break periods.

Kentucky

Employees get one paid 10-minute rest period for every four hours worked.
Rest periods must be given separately from scheduled meal breaks.

Minnesota

Employees get one paid, adequate rest period for every four hours worked to use the restroom.
Rest periods of fewer than 20 minutes cannot be deducted from total hours worked.

Nevada

Workers get one paid 10-minute rest period for every four hours worked.
Rest periods are not required for employees working less than 3.5 hours daily.
These laws apply to employers with two or more employees working at the same location.

Oregon

Employees get one paid 10-minute rest period for every four hours worked.
Rest periods must be given separately from scheduled meal breaks.
Retail or service employees who are 18 or older and working alone for fewer than five hours do not earn rest breaks.

Vermont

Employees must have reasonable opportunities to eat and use toilet facilities during work to stay healthy and clean.
This applies to all employers with one or more employees in the state.

Washington

Employees get one paid 10-minute rest period for every four hours worked.
Rest periods should be in the middle of each work period.
Employees may not be required to work more than three hours without a rest period.

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