January 1, 2020

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Table of Minimum Paid Rest Period Requirements Under State Law for Adult Employees in Private Sector State 1 Basic Standard Prescribed By: Coverage 2 Comments California Paid 10-minute rest period for each 4 hours worked or major fraction thereof; as practicable, in middle of each work period. Not required for employees whose total daily work time is less than 3 and ½ hours. Administratively issued Industrial Welfare Commission Orders. Uniform application to industries under 15 Orders, including agriculture and household employment.

Excludes professional actors, sheepherders under Agricultural Occupations Order, and personal attendants under Household Occupations Order. Additional interim rest periods required in motion picture industry during actual rehearsal or shooting for swimmers, dancers, skaters or other performers engaged in strenuous physical activity.

Under all Orders, except for private household employment, Division of Labor Standards Enforcement may grant exemption upon employer application on the basis of undue hardship, if exemption would not materially affect welfare or comfort of employees. Colorado Paid 10-minute rest period for each 4-hour work period or major fraction thereof; as practicable, in middle of each work period. Administratively issued Wage Order for 4 industries. Applicable to retail and service, food and beverage, commercial support service, and health and medical industries. Exempts administrative, executive/supervisor, professional, outside sales employees, elected officials and their staff, companions, casual babysitters, and domestic employees employed by households or family members to perform duties in private residences, property managers, interstate drivers, driver helpers, loaders or mechanics of motor carriers, taxi cab drivers, and bona fide volunteers. Also exempt are: students employed by sororities, fraternities, college clubs, or dormitories, and students employed in a work experience study program and employees working in laundries of charitable institutions which pay no wages to workers and inmates, or patient workers who work in institutional laundries. Illinois Each hotel room attendant -- those persons who clean or put guest rooms in order in a hotel or other establishment licensed for transient occupancy -- shall receive a minimum of two 15-minute paid rest breaks period in each workday in which they work at least seven hours. Statute Applies to an establishment located in a county with a population greater than three million. Employees may not be required to work during a break period. Break area must be provided with adequate seating and tables in a clean and comfortable environment. Clean drinking water must be provided without charge. Employer must keep complete and accurate records of the break periods. Kentucky Paid 10-minute rest period for each 4-hour work period Statute Excludes employees under the Federal Railway Labor Act. Rest period must be in addition to regularly scheduled meal period. Minnesota Paid adequate rest period within each 4 consecutive hours of work, to utilize nearest convenient restroom. Rest periods of less than 20 minutes may not be deducted from total hours worked. Statute Excludes certain agricultural and seasonal employees. Different rest breaks permitted if pursuant to a collective bargaining agreement. Nevada 3 Paid 10-minute rest period for each 4 hours worked or major fraction thereof; as practicable, in middle of each work period. Not required for employees whose total daily work time is less than 3 and ½ hours. Statute Applicable to employers of two or more employees at a particular place of employment. Excludes employees covered by a collective bargaining agreement. Labor Commissioner may grant exemption on employer evidence of business necessity. Oregon Paid 10-minute rest period for every 4-hour segment or major portion thereof in one work period; as feasible, approximately in middle of each segment of work period. Administrative Applicable to every employer, except employees covered by collective bargaining agreement. Rest period must be in addition to usual meal period and taken separately; not to be added to usual meal period or deducted from beginning or end of work period to reduce overall length of total work period.

In absence of regularly scheduled rest periods, it is sufficient compliance when employer can show that the employee has, in fact, received the time specified (permitted only where employer can show that ordinary nature of the work prevents employer from establishing and maintaining a regularly scheduled rest period).

Rest period is not required for employees age 18 or older who work alone in a retail or service establishment serving the general public and who work less than 5 hours in a period of 16 continuous hours. Vermont Employees are to be given "reasonable opportunities" during work periods to eat and use toilet facilities in order to protect the health and hygiene of the employee. Statute Applicable to all employers of one or more employees within the state. Washington Paid 10-minute rest period for each 4-hour work period, scheduled as near as possible to midpoint of each work period. Employee may not be required to work more than 3 hours without a rest period. Administrative regulation Excludes newspaper vendor or carrier, domestic or casual labor around private residence, sheltered workshop, and agricultural labor. 4 Rules for construction trade employees may be superseded by a collective bargaining agreement covering such employees if the terms of the agreement specifically require rest periods and prescribe requirements concerning them. Scheduled rest periods not required where nature of work allows employee to take intermittent rest periods equivalent to required standard.

Director of Labor and Industries may grant variance from basic standard for good cause, upon employer application.

FOOTNOTES

States not listed do not require paid rest periods. All of the eight States with paid rest period requirements, also have meal period requirements.

Not displayed in table are exemptions for executive, administrative and professional employees, and for outside salespersons.

Nev. Rev. Stat. § 608.0195 provides that an employee at a residential facility who is on duty for 24 hours or more may enter into an agreement with the employer to exclude from wages up to 8 hours of sleep time if adequate sleeping facilities are furnished. If sleep time is interrupted by any call for service by the employer, the employee must be paid for those hours. If the sleeping period is interrupted by any call for service by the employer to such an extent that the sleeping period is less than 5 hours, the employee must be paid for the entire sleeping period. This provision does not apply to firefighters, members of rescue or emergency services crews, or peace officers.

Washington State. Although agricultural labor is excluded from the listed requirement of general application, a separate regulation requires a paid 10-minute rest period in each 4-hour period of agricultural employment.

Prepared By:

Division of Communications

Wage and Hour Division

U.S. Department of Labor

This document was last revised in January 2020.

The Wage and Hour Division tries to ensure that the information on this page is accurate but individuals should consult the relevant state labor office for official information.