Under the federal Fair Labor Standards Act (FLSA), short rest breaks that an employer allows—usually about 5 to 20 minutes—count as paid hours worked. A genuine meal period, typically at least 30 minutes, generally may be unpaid when the employee is completely relieved of work duties. Federal law does not generally require employers to provide lunch or coffee breaks, but state rules may require them. The name on a time card does not decide whether time is worked.
Short rest breaks count toward hours worked
A ten-minute coffee or rest break ordinarily remains on the clock under the federal rule. Include it in the hours worked for the workweek and, for a covered nonexempt worker, in the count used to determine overtime. Do not subtract two paid 15-minute breaks as if they were an unpaid 30-minute lunch.
The Department of Labor describes a limited exception for unauthorized extensions of an authorized break when the employer has clearly communicated the permitted length, that an extension violates its rules and that the extension will be penalized. That exception does not turn the authorized short break itself into unpaid time.
When can a meal period be unpaid?
A bona fide meal period is time for a regular meal during which the worker is completely relieved of duties. Thirty minutes or more is the typical federal example, not an automatic test that makes every 30-minute deduction valid. If someone must answer calls, serve customers, monitor a station or perform other required work while eating, the time may be hours worked. The Department of Labor says an employee does not necessarily have to leave the premises if they are otherwise completely relieved of duties.
Compare the schedule with what actually happened. If a timekeeping system deducts a lunch automatically but you worked through it or the break was interrupted, record the actual duties and time, and follow the employer’s process for correcting the time record. For a specific dispute, check the applicable state labor agency as well as the federal rule.
Example: an 8½-hour span with a meal break
Suppose a shift runs from 9:00 a.m. to 5:30 p.m., a span of 8 hours 30 minutes. If the employee takes a complete 30-minute meal period with no duties, the worked time is 8 hours. Two separate paid 15-minute rest breaks are already inside those 8 worked hours; they are not deducted. If the employee instead works throughout the supposed 30-minute meal period, simply subtracting it would undercount time. The facts of the break matter.
For your own estimate, enter the start and end time in the work hours calculator and put only a genuinely unpaid break in its break field. For a whole week, use the time card calculator. Compare the total with your pay record and your employer’s defined workweek. Neither tool determines whether a disputed break must be paid.
Federal rule and state rules are different questions
The FLSA sets the federal baseline for compensable time; it does not provide one nationwide schedule of mandatory rest and meal breaks. States may require particular breaks, set different conditions or impose additional remedies. Check the current labor agency guidance for the state where you work before assuming a federal example describes every local requirement. Rules for particular occupations or workers can also differ.
Work in California? Read the California meal and rest break guide for the state’s timing, waiver and paid-rest rules.
Frequently asked questions
Is a 15-minute break paid?
An employer-provided 15-minute rest break is normally counted as paid work time under the federal FLSA guidance. Check any additional state rule that applies.
Is a 30-minute lunch always unpaid?
No. A genuine, duty-free meal period is generally excluded from hours worked; its length alone does not establish that the worker was completely relieved of duties.
Do paid breaks count toward 40 hours for overtime?
Short compensable rest breaks are included in hours worked. For a covered nonexempt employee, they can therefore affect the weekly overtime count. The weekly hours calculator can total entered hours, and the overtime calculator can illustrate a simple weekly pay estimate; neither resolves coverage or state overtime rules.
What if lunch is deducted automatically?
Check whether the deduction matches a real duty-free meal period. Keep an accurate record of work performed during the scheduled meal and seek a correction through the employer’s timekeeping process. A payroll label or automatic deduction does not change actual hours worked.
Sources and methodology
Reviewed October 7, 2026. Federal baseline checked against the U.S. Department of Labor’s Breaks and Meal Periods, Fact Sheet #22 on hours worked and Hours Worked Advisor on duty-free meals. The shift example is arithmetic, not a finding about a particular workplace. This guide provides general educational information; review the current federal and state rules for your situation.