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Tables - State Law

Minimum Paid Rest Period



Civil Rights Law for Private employers Minimum Paid Rest Period
Workers Compensation laws Minimum Basic Payment/ Frequency of wage payment laws
Medical Benefits Provided By Workers' Compensation Statutes Overtime laws
State Labor office address State Payday Requirements
Minimum Wages for Tipped Employees Minimum Length of Meal Period Required
Federal vs. California Family and Medical Leave Laws Federal vs. Connecticut Family and Medical Leave Laws
Federal vs. Hawaii Family and Medical Leave Laws Federal vs. Maine Family and Medical Leave Laws
Federal vs. Minnesota Family and Medical Leave Laws Federal vs. New Jersey Family and Medical Leave Laws
Federal vs. Oregon Family and Medical Leave Laws Federal vs. Rhode Island Family and Medical Leave Laws
Federal vs. Vermont Family and Medical Leave Laws Federal vs. Washington Family and Medical Leave Laws
Federal vs. Wisconsin Family and Medical Leave Laws


States not listed do not require paid rest periods.

State Basic Standard Prescribed by Coverage 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 1/2 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 7 industries. Applicable to retail trade, food and beverage, public housekeeping, medical profession, beauty service, laundry and dry cleaning and janitorial service industries. Excludes certain occupations, such as teacher, nurse, and other medical professionals.  
Kentucky Paid 10-minute rest period for each 4-hour work period Administratively issued Wage Order for 7 industries.    
Minnesota Employees are paid adequate rest period within each 4 consecutive hours of work, to utilize nearest convenient restroom. Statute Excludes certain agricultural and seasonal employees. Different rest breaks permitted if pursuant to a collective bargaining agreement.
Nevada 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 1/2 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. Administratively issued Wage and Hour Commission rules. It is Applicable to every employer. Except in agriculture and also those 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.
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.

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.