Find out how many breaks you're legally entitled to based on your shift length and state. Calculate total paid vs unpaid break time.
Break entitlements vary dramatically by state, shift length, and employer. Federal law provides minimal guidance — FLSA says short breaks (under 20 minutes) must be paid, and longer meal breaks (30+ minutes where you're completely off duty) may be unpaid. Beyond that, state laws determine whether breaks are required at all.
This page explains break requirements by shift length and helps you understand what you're entitled to.
Federal break rules (baseline for all states):
Under FLSA, employers are not federally required to provide meal breaks or rest periods. However, if they do provide a break of 20 minutes or less, it must be paid. If they provide a longer break where you're completely relieved of duties, it may be unpaid. Short rest breaks given as a practical matter (to use the restroom, briefly rest) count as paid work time.
California break requirements (strictest in the US):
- Shifts over 5 hours: one 30-minute unpaid meal break required (may be waived by mutual consent for shifts of 6 hours or less if both parties agree) - Shifts over 10 hours: a second 30-minute unpaid meal break required (waivable if total hours don't exceed 12 and first break wasn't waived) - Every 4 hours worked (or major fraction thereof): one paid 10-minute rest break - Failure to provide required breaks: one hour of premium pay (penalty) per missed break per day
It depends on your state. Federal law doesn't mandate breaks, but many states do. California, Washington, Oregon, New York, Colorado, and others require meal and/or rest breaks based on shift length.
Only unpaid breaks (typically 30+ minutes where you're completely off duty) reduce your paid hours. Short breaks under 20 minutes are generally paid under federal law. A 30-minute unpaid lunch is subtracted from your wages.
In California, you're entitled to one additional hour of pay for each missed meal break and each missed rest period. Other states have varying penalties. You can file a wage claim with your state labor board.
This depends on your employer's policy and state law. In California, you can waive your first meal break by mutual agreement if your shift is 6 hours or less. Many employers prohibit skipping breaks regardless.
Not automatically. Meal breaks (30+ minutes where you're completely off duty) are typically unpaid. If your employer requires you to stay at your desk, answer calls, or be 'on call' during lunch, that time is paid under FLSA.
Overtime thresholds reference the U.S. Fair Labor Standards Act (FLSA, 40 hrs/week at 1.5x) plus state daily overtime rules (e.g., California Labor Code §510: 8h/day OT, 12h/day double-time). State labor laws vary — check your state's labor department. This calculator is informational only and is not legal, tax, or payroll advice.