Break Time Calculator
Updated August 2026 · Free · No sign-up
Find the meal and rest breaks your shift requires — California's strict rules, other state standards, and the federal paid-break baseline — plus your net working hours after breaks come out.
Quick answer: US federal law requires no breaks at all — but where breaks are given, 5-20 minute rest breaks must be PAID and 30+ minute meal breaks may be unpaid. California mandates a 30-minute meal before the end of hour 5 (second meal past 10 hours) and a paid 10-minute rest per 4 hours worked — with one hour of premium pay owed for each violation.
The Break-Law Landscape
Three layers govern US breaks: federal law requires none — it only classifies pay (short 5-20 minute breaks must be paid; bona fide 30+ minute meals fully relieved of duty may be unpaid). About 20+ states add meal-break mandates (commonly 30 minutes once a shift passes 5-6 hours). And California runs the strictest regime, enforced with real money: a missed, late, short, or on-duty break owes the employee one extra hour of pay per violation type per day — the "premium pay" behind a decade of major settlements.
California's Rules, Exactly
| Shift length | Meal breaks (30 min, unpaid, off-duty) | Rest breaks (10 min, PAID) |
|---|---|---|
| Under 3.5 hrs | None | None |
| 3.5 – 5 hrs | None | 1 |
| 5 – 6 hrs | 1 (waivable by mutual consent if shift ≤ 6) | 1 |
| 6 – 10 hrs | 1 — must START before end of hour 5 | 2 |
| 10 – 12 hrs | 2 (second waivable if ≤12 and first taken) | 3 |
| Over 12 hrs | 2 | 3-4 (one per 4 hrs "or major fraction") |
Worked Examples
Example 1 — CA 8-hour shift. Entitled to one 30-minute meal (started by hour 5) + two paid 10-minute rests. Paid time: 8 hours minus the 0.5 meal = 7.5 net paid hours; the rest breaks stay on the clock.
Example 2 — the late lunch violation. Same shift, lunch taken at hour 6: automatic +1 hour premium pay for the day — lateness alone violates, even though the break happened.
Example 3 — 12-hour nurse. Two meals + three rests; second meal waivable in writing if the first was taken. Skipped rests are also a (separate) premium — meal and rest violations can stack to 2 extra hours daily.
Paid vs Unpaid: The Federal Classification That Applies Everywhere
- 5-20 minute breaks: paid, always — deducting them is a straightforward FLSA violation and they count toward overtime hours.
- 30+ minute meals: unpaid only if fully relieved — eating at your desk answering phones is work time; "on-duty meals" are payable and, in CA, only lawful by written agreement where the job's nature demands it.
- Auto-deducted lunches: systems subtracting 30 minutes regardless of reality create liability whenever someone works through — track actuals with the time card calculator and reconcile.
- Interrupted meals restart nothing: a meal cut short by a work demand becomes paid time (and in CA, a violation).
Beyond California: Quick State Notes
Meal-break states (30 min in shifts of 5-8+ hrs) include NY (with industry variants), WA, OR, CO, IL, MA, and others; rest-break mandates are rarer (WA, OR, CO among them). Minors get stricter rules nearly everywhere. Two useful generalizations: if you're scheduled 6+ hours in a mandate state, a 30-minute meal is probably owed; and paid 10-minute rests roughly per 4 hours is the pattern wherever rests are required. Non-mandate states (TX, FL, GA…) leave breaks entirely to policy — but the federal paid/unpaid classification still governs whatever is given. UK: 20 minutes (unpaid allowed) on 6+ hour shifts; India: 30-60 minutes after 5 hours under state Shops Acts.
Breaks, Overtime, and Net Hours
Unpaid meals subtract from hours worked — an 8.5-hour shift with a 30-minute lunch is 8 paid hours, and it's the paid figure that feeds the 40-hour overtime threshold. Paid rest breaks stay in. Payroll punch handling for breaks should be exact, not rounded (see the 7-minute rule calculator for why meal-punch rounding is legally radioactive in CA).
If Your Breaks Are Being Denied
- Document dates, shift times, and what happened (no break, late, interrupted, pressured to skip).
- Raise it in writing — many violations are scheduling sloppiness that fixes instantly once named.
- CA employees: premium pay claims run through the Labor Commissioner, 3-year lookback, no lawyer needed — 60 missed meals is 60 hours of pay.
- Elsewhere: unpaid short breaks and worked-through meals are FLSA wage claims with the standard 2-3 year window.
Frequently Asked Questions
How many breaks do I get in an 8-hour shift?
California: one 30-minute meal (started before hour 5 ends) plus two paid 10-minute rests. Typical meal-break states: one 30-minute meal. Federal-only states: whatever policy grants.
Are 15-minute breaks paid?
Yes — federal law requires pay for all breaks of 5-20 minutes, and they count toward overtime hours. Only bona fide 30+ minute meals may be unpaid.
Does federal law require lunch breaks?
No — no US federal break requirement exists. State laws (20+ states) create meal-break rights; elsewhere it is employer policy.
What is California meal break premium pay?
One extra hour of pay for each day a meal-break rule is violated (missed, late, short, or on-duty), and separately one more for rest-break violations — up to 2 premium hours daily.
When must a California lunch break start?
Before the end of the 5th hour of work. A lunch beginning at hour 6 is a violation even if taken in full.
Can I waive my lunch break?
CA: yes by mutual consent when the shift is 6 hours or less (and the second meal when ≤12 with the first taken). Other states vary; waivers should be written.
Is working through lunch paid?
Always — if you work, it is work time regardless of labels or auto-deductions. Systems that deduct 30 minutes you actually worked create back-pay liability.
Do breaks count toward overtime?
Paid rest breaks yes; unpaid meals no. An 8.5-hour shift with a 30-minute unpaid lunch contributes 8 hours to the weekly 40.
What are UK and India break rules?
UK: 20 minutes (can be unpaid) on shifts over 6 hours, plus daily/weekly rest minimums. India: typically 30-60 minutes after 5 continuous hours under state Shops & Establishments Acts.
Can my employer tell me when to take breaks?
Yes — scheduling breaks is lawful (and in CA, structuring them compliantly is the employer's duty). What they cannot do is pressure you to skip or shorten legally required breaks.
✓ Formula verified • Last updated: August 20, 2026