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Overtime and state rules · rules read October 11, 2026

Meal and rest breaks: what is paid and what is required

Two separate questions sit behind every break: does the law require it, and does it count as paid time on the card.

Written by Radif Partners · How the hours are counted · Editorial policy

Meal period of 30 minutes or more (29 CFR 785.19)

Leave on exact unless your employer rounds

Hours worked

8:00

8.00 decimal hours

Start9:00 AM → 9:00 AM
End5:30 PM → 5:30 PM
Same times on the 24-hour clock09:00 to 17:30
Time at work before the break8:30
Exact minutes worked (no rounding)8:00

Rounding is accepted only if it averages out over time and does not shortchange the worker (29 CFR 785.48(b)). A shift that ends at or before its start time is counted into the next day. How this is calculated.

Federal law does not require employers to give meal or rest breaks at all, but when a break is given, its length decides whether it is paid. Under 29 CFR 785.18, short rest breaks of about 5 to 20 minutes count as hours worked and stay on the time card. A bona fide meal period, ordinarily 30 minutes or more during which the worker is completely relieved of duties, is not work time under 785.19 and can be deducted. A shift punched from 7:30 AM to 4:00 PM with a real half-hour lunch therefore pays 8 hours, or $168.00 at $21 an hour. Some states add requirements on top of this. California requires a 30-minute meal for a workday longer than 5 hours, a second one past 10 hours, and a paid 10-minute rest for every four hours or major fraction; a missed break costs the employer 1 extra hour of pay for that day. Colorado requires a 30-minute meal after 5 consecutive hours and a paid 10-minute rest per four hours.

Paid or unpaid break? (federal rule)

Hours to pay

8.50

Break treatmentRest break, counts as work
Count a shift with its breaks →

Paid minutes and unpaid minutes on a federal time card

The Fair Labor Standards Act sets no break schedule. Fact Sheet #22 is explicit on the point: an employer covered only by federal law may run an eight-hour shift without a single pause. What the federal rules do regulate is the arithmetic once a pause exists. A short stop for coffee, a restroom visit or a smoke is presumed to help the employer, because it keeps the worker efficient, so 29 CFR 785.18 counts rests of roughly 5 to 20 minutes as hours worked. Those minutes stay inside the shift and feed the weekly overtime total.

A meal is different. Under 29 CFR 785.19, a bona fide meal period is not worktime, but two conditions have to hold together. It is ordinarily 30 minutes or longer, and the employee is completely relieved from duty for the purpose of eating. A receptionist who eats at the front desk while covering the phones has not had a meal period in the legal sense, however long it lasted. In those cases the lunch is paid time and should not appear as a deduction on the card.

Here is the effect on one shift. Punched in at 7:30 AM and out at 4:00 PM, the span is 8:30. With a genuine half-hour lunch, 8 hours are paid; with two ten-minute coffee breaks and no meal, all 8.5 hours are paid. At $21 an hour, the gap is $10.50 a day, about $52.50 over a five-day week. The hours calculator takes the unpaid minutes as an input so you can test either version, and the rounding guide explains what happens when the punches themselves are rounded.

How a break is counted under federal hours-worked rules
BreakFederal treatmentRule
5 to 20 min restPaid, counts toward overtime29 CFR 785.18
30 min or more, fully off dutyUnpaid, deducted29 CFR 785.19
Meal taken while workingPaid, whatever the length29 CFR 785.19
Between 20 and 30 minTreat as paid unless a real mealBoth sections

California: a schedule set by the Labor Commissioner

California turns breaks into an obligation with a price tag. The DLSE meal period FAQ requires a 30-minute meal when the workday runs past 5 hours, and a second one once it passes 10 hours. The first meal can be waived by mutual consent under specific circumstances, and the FAQ lists them; outside those cases the lunch has to happen. The rest period FAQ adds a paid 10-minute rest for each four hours worked or major fraction of that, with no rest owed on a day shorter than 3.5 hours.

California breaks owed for a few common shift lengths (DLSE rest and meal FAQs)
Hours worked in the dayPaid restsMeal periods
300
510
611
821
1021
1132
1232

When a required break does not happen, the employer owes 1 extra hour of pay at the regular rate for that workday. For a cook earning $21 who works through lunch on a nine-hour shift, that is $21 added to the paycheck. This premium is separate from overtime: the nine hours already include 1 hour of daily overtime under California overtime, and the missed-meal hour sits on top of it.

Colorado: rest periods counted by the table

Colorado's COMPS Order #40, effective February 1, 2026, requires an uninterrupted 30-minute meal once a shift exceeds 5 consecutive hours. Rest periods of 10 minutes are paid and follow a fixed table rather than a formula, which matters for long healthcare and warehouse shifts.

Colorado rest periods by shift length (COMPS Order #40, Rule 5)
Work hours in the shiftPaid rest periods
Up to 20
More than 2, up to 61
More than 6, up to 102
More than 10, up to 143
More than 14, up to 184
More than 18, up to 225
More than 22, up to 246

A 12-hour shift in Colorado therefore carries 3 paid rests and one meal. Because the rests are paid, they stay inside the hours on the card and count toward the weekly total. The Colorado overtime page covers the 12-hour daily threshold that the same long shift can trigger.

Questions workers and payroll clerks ask

Can my boss make me take an unpaid 20-minute lunch?

Not as unpaid time under federal rules. 29 CFR 785.19 treats a meal period as non-work time when it is ordinarily 30 minutes or more and you are fully relieved of duties. A 20-minute break falls in the range that 785.18 counts as hours worked, so deducting it from the card underpays you, unless special conditions make a shorter period a genuine meal.

Is a lunch break paid if I have to answer the phone at my desk?

It is paid. The Department of Labor rule in 785.19 says a worker who must stay at the desk or machine and keep doing tasks, even light ones like answering calls or watching a counter, is not relieved of duties. That time is worktime regardless of how long the break lasts, and it must be added back to the hours on the card.

How many rest breaks does California require on a 10-hour shift?

2 paid rests of 10 minutes, according to the Labor Commissioner's rule of one rest per four hours worked or major fraction. A 10-hour day is two full blocks of four hours with exactly 2 hours left over, which is not more than half a block. At 10.5 hours the leftover becomes a major fraction and a third rest is owed. No rest is required for a day under 3.5 hours.

What does a California employer owe when a meal break is skipped?

1 additional hour of pay at the regular rate for each workday the break was not provided, under Labor Code 226.7 as described in the DLSE meal period FAQ. At $21 an hour that premium is $21 for the day. The meal period can be waived by mutual consent under specific circumstances, so a skipped lunch is not automatically a violation; the FAQ sets out those cases.

Does Colorado pay rest breaks on a 12-hour shift?

Yes. COMPS Order #40 requires a paid 10-minute rest for every four hours worked, and its table gives 3 rests for a shift of more than 10 and up to 14 hours. The same shift also needs an uninterrupted 30-minute meal once more than 5 consecutive hours are worked during the shift.

Are smoke breaks and coffee breaks treated differently on a time card?

No. Federal rules look only at the length and the freedom of the break, not at what you do with it. A coffee, smoke or restroom break of 5 to 20 minutes counts as hours worked under 785.18 and cannot be deducted. Only a bona fide meal of 30 minutes or more, with no duties, comes off the total.

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Estimate only, not legal advice: hours and gross pay before taxes and deductions. The overtime split follows the federal rule or the state rule you pick; union contracts, alternative workweek schedules, exemptions and local ordinances can change it. Check your pay stub against your employer’s written workweek.

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