(650) 332-8623Maryland Break Laws: Meals, Rests, and More (2025)
In this guide, you’ll learn about Maryland’s meal and rest break laws, who they apply to, and how to stay compliant in 2025.
Understanding Maryland Break Laws
Meal Breaks
Laws in Maryland Governing Meal Breaks
Maryland’s meal break laws are primarily outlined in the following regulations:
- Maryland Guide to Wage Payment and Employment Standards
- The Healthy Retail Employee Act (Shift Break Law)
While Maryland does not have a broad law requiring meal breaks for most employees, there are specific provisions for minors and certain retail employees:
- Minors under 18: Must receive a 30-minute break for every 5 hours worked.
- Retail employees in establishments with 50 or more employees: May be entitled to non-working shift breaks under the Healthy Retail Employee Act.
- Other employees: There is no state-mandated requirement for meal breaks, though employers may choose to offer them.
Employers are not required to compensate employees for meal breaks if:
- The break lasts more than 20 minutes.
- The employee is free to leave the worksite (or workstation if leaving is impractical).
- The employee does not perform any work during the break.
If an employee is required to work or remain on duty during a break, they must be paid for that time.
Rest Breaks
Laws in Maryland Governing Rest Breaks
Unlike some other states, Maryland does not mandate rest breaks for adult employees. However, certain retail employees and minors have specific protections:
- Minors under 18: Must receive a 30-minute break if they work more than 5 consecutive hours.
- Retail employees covered under the Shift Break Law:
- Employees working 4-6 hours: 15-minute break.
- Employees working more than 6 hours: 30-minute break.
- Employees working more than 8 hours: Additional 15-minute break.
For employees outside these categories, rest breaks are at the employer’s discretion.
What's the Difference?
Meal Breaks vs. Rest Breaks in Maryland
Unlike meal breaks, which may be unpaid if they meet specific criteria, rest breaks (if provided) are generally considered compensable time. The key differences between meal and rest breaks in Maryland include:
- Paid vs. Unpaid: Meal breaks can be unpaid under certain conditions, whereas short rest breaks (if provided) are typically paid.
- Industry-Specific Regulations: Only retail employees and minors have mandated break requirements.
Exemptions
What Type of Workers are Exempt from Maryland's Break Laws?
Certain employees are exempt from Maryland’s break laws, including:
- Exempt employees under the Fair Labor Standards Act (FLSA): Executives, administrators, and professionals.
- Commissioned sales employees: If more than half of their earnings come from commissions and they meet the minimum wage threshold.
- State and municipal employees.
- Corporate office employees.
- Employees at locations with five or fewer workers.
Additionally, collective bargaining agreements may set different break rules for unionized employees.
Differences Between Maryland and Federal Break Laws
Maryland’s labor laws regarding meal and rest breaks differ from federal standards in some key ways. While federal laws do not require employers to provide breaks, Maryland has specific provisions for minors and certain retail employees.
Federal law only mandates that unpaid meal breaks must be “bona fide,” meaning the employee must be completely relieved of duties. Short rest breaks (5 to 20 minutes) are considered compensable work hours.
The U.S. Department of Labor provides two primary statutes governing meals and breaks nationwide:
- Rest Breaks: 29 CFR 785.18
- Meal Breaks: 29 CFR 785.19
Maryland law does not require meal or rest breaks for most employees. However, it does mandate a 30-minute break for minors under 18 for every five consecutive hours worked. Additionally, under the Healthy Retail Employee Act, employees in certain large retail establishments (50+ employees) are entitled to shift breaks based on hours worked.
Understanding Maryland’s break laws can help ensure compliance, as state regulations impose specific requirements for particular categories of workers beyond federal law.
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Other Types of Breaks for Workers in Maryland
Maryland law requires that minors under 18 years old receive a 30-minute break for every five consecutive hours worked. This is the only break mandate that applies specifically to minors, as there are no additional provisions regarding rest or meal breaks for young workers beyond this requirement.
Under the Fair Labor Standards Act (FLSA), most Maryland employers must provide reasonable break time for employees to express breast milk for up to one year after childbirth. The employer must also provide a private, non-bathroom space for nursing employees to pump.
The PUMP for Nursing Mothers Act further expanded these protections, ensuring that more workers—including teachers, nurses, truck drivers, and agricultural employees—receive break time and a designated space for lactation.
The Healthy Retail Employee Act provides shift breaks for employees working in certain large retail establishments (with 50 or more retail employees). The break requirements depend on the number of hours worked and do not apply to restaurants, wholesalers, or small retail businesses with five or fewer employees at a single location.
Recordkeeping Requirements for Breaks in Maryland
Maryland law establishes comprehensive recordkeeping obligations for employers while having limited break requirements that apply primarily to specific worker categories.
- 5-year retention period: Maryland employers must maintain detailed employment records, including employee Social Security numbers and wages.
- Breaks for minors and retail employees: Employers must document breaks for minors (30 minutes every 5 hours) and certain retail employees (15-30 minutes depending on shift length), as part of their general employment records.
- 5-year electronic record retention: Employers using electronic recordkeeping must retain records in their original format for five years and make them available for inspection by the Maryland Department of Labor without prior notice.
- Comprehensive 5-year recordkeeping requirement: Maryland requires comprehensive employment records, including documentation of mandated breaks, with a five-year retention period that exceeds many other states.
Maryland Penalties for Meal and Break Violations
Up to $300 per employeeViolation Penalties
Retailers who fail to comply with the Healthy Retail Employee Act‘s break requirements can be fined up to $300 for each affected employee depending on the Maryland Department of Labor, Licensing, and Regulation’s (DLLR) investigations.
Up to $600 per employeeRepeat Violations within 3 Years
If a retailer commits a similar violation within three years of a previous offense, the fine increases to up to $600 per affected employee based on the Maryland Department of Labor, Licensing, and Regulation’s (DLLR) investigations.
Back WagesWage Violations
If an employer automatically deducts 30 minutes for a lunch break but expects employees to work during that time, they must pay employees for that period. Failure to do so can result in back wages owed to affected employees and possible additional penalties.
Higher Civil Money PenaltiesChild Labor Violations
Maryland enforces stricter break requirements for minor employees (under 18 years old). Violations of these child labor laws can result in severe penalties, particularly if a violation results in serious injury or death. Maryland law allows for heightened civil money penalties in such cases.
Misconceptions About Meals and Breaks in MD
Some employees believe that Maryland law mandates all employers to provide meal and rest breaks regardless of industry or job type.
Maryland law does not require employers to provide breaks, including meal breaks, for most employees. The only exceptions are for minors under 18 years old and certain retail employees. Minors must receive a 30-minute break for every five consecutive hours worked, and retail employees in establishments with at least 50 workers must receive breaks depending on shift length.
Workers may assume they can take their unpaid lunch or paid rest breaks at any time during their shift.
For employees who qualify for mandated breaks under Maryland law, the employer determines the timing of these breaks. For example, retail employees must be given a 15-minute break for shifts of 4 to 6 hours and a 30-minute break for shifts longer than 6 hours, but they cannot take these breaks at their own discretion without employer approval.
Some employers may think that as long as they provide a break, they are not required to compensate employees for that time.
If an employer provides a break of 20 minutes or less, it must be paid. For breaks longer than 20 minutes, they can be unpaid only if the employee is completely relieved of duties and free to leave the worksite (or workstation if leaving is impractical). If an employee is expected to remain on duty or be available for work, even during a scheduled lunch break, they must be compensated for that time.
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Employees: Know Your Rights to Meals and Breaks in Maryland
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Unlike some states, Maryland does not have a general requirement for employers to provide meal or rest breaks to employees. However, certain workers—such as minors under 18 and employees in large retail establishments—are entitled to specific break periods.
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Minors under 18 must receive a 30-minute break for every 5 hours worked. Retail employees working in establishments with at least 50 employees must receive a break depending on the length of their shift. If an employer provides a break, it must be paid if it is 20 minutes or shorter.
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Employees who are required to remain on duty or perform any work during a meal break must be compensated for that time. Employers cannot retaliate against employees who report violations of break laws.
Employer Obligations for Meals and Breaks in MD
Employers are expected to:
- Follow Maryland’s laws regarding breaks for minors and retail employees.
- Pay for all breaks that last 20 minutes or less.
- Ensure that employees are fully relieved of duties during unpaid meal breaks.
- Clearly communicate break policies to employees.
While Maryland law does not require employers to provide breaks for most employees, if breaks are offered, employers can dictate when and how they are taken. Employees must follow the employer’s designated break schedule, and failure to do so could result in disciplinary action.
Benefits to Employees
While Maryland does not mandate breaks for all employees, ensuring proper break periods benefits workers in several ways:
- Improved Health and Well-Being: Regular breaks help employees avoid fatigue and burnout, leading to better mental and physical health.
- Increased Productivity: Taking breaks improves focus and efficiency, reducing errors and improving overall job performance.
- Better Job Satisfaction: When employers support break time, employees feel valued, leading to higher morale and lower turnover.
Benefits to Employers
Complying with Maryland’s break laws not only ensures legal compliance but also offers key benefits to employers:
- Optimized Workforce Efficiency: Well-rested employees maintain higher productivity throughout the workday.
- Stronger Employee Relationships: Respecting break rights fosters a positive work culture, boosting employee loyalty and retention.
- Legal Protection: Avoiding violations of labor laws reduces the risk of fines, lawsuits, and other legal complications.
By following Maryland’s meal and break laws, both employees and employers can create a more balanced, productive, and legally compliant work environment.
The Bottom Line on Maryland Meal and Break Laws
Maryland’s meal and rest break laws provide essential protections for certain workers while allowing flexibility for employers in industries without specific break requirements. Although the state does not mandate breaks for most employees, minors and retail workers in large establishments benefit from guaranteed rest periods.
For employees, understanding their rights ensures they receive the breaks they are entitled to, leading to better health, increased productivity, and greater job satisfaction. For employers, compliance with Maryland’s labor laws helps create a positive work environment, improves workforce efficiency, and reduces the risk of legal disputes.
As workplace regulations continue to evolve, staying informed about Maryland’s labor laws is crucial for both employees and employers. Ensuring fair and consistent break policies not only upholds legal compliance but also fosters a more engaged, motivated, and productive workforce.
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Workforce Meal Break Policies:
- General Employees: There is no law requiring employers to provide meal breaks to adult employees in Maryland.
- Minors: Minors under 18 must receive a 30-minute break for every 5 hours of work.
In Maryland, there is no state law requiring employers to provide lunch breaks for most employees, except for minors under 18 years old, who must receive a 30-minute break after working more than 5 consecutive hours.
However, certain retail establishments with at least 50 employees are required to provide unpaid breaks under the Healthy Retail Employee Act.
Therefore, you can work 6 hours without a lunch break in Maryland if your employer does not provide one and you are not a minor or working in a covered retail establishment. However, employers may choose to offer breaks as part of their company policies, and if they do, they must follow specific rules regarding pay and work during those breaks
In Maryland, the labor code regarding meal time is primarily governed by federal law and specific state regulations. Here are the key points:
- Federal Law: The Fair Labor Standards Act (FLSA) does not require employers to provide meal breaks, but if they do, breaks lasting over 20 minutes are typically unpaid as long as the employee is free from work duties during that time.
- Maryland State Law:
- General Employees: There is no state law requiring employers to provide meal breaks to adult employees, except for certain retail establishments covered under the Healthy Retail Employee Act.
- Retail Employees: Under the Healthy Retail Employee Act, retail employees working for establishments with at least 50 employees must receive a 30-minute unpaid meal break for shifts over 6 hours.
- Minors: Minors under 18 must receive a 30-minute break after working more than 5 consecutive hours.
- Meal Break Waivers: Employees can voluntarily waive meal breaks in certain circumstances, such as in industries requiring continuous service.
Break Payment: If an employer provides a break, they are not required to pay for meal breaks lasting over 20 minutes if the employee is free from work duties. However, shorter breaks (typically under 20 minutes) must be paid
In Maryland, for an 8-hour shift, the minimum break requirements vary depending on the type of employer:
- General Employers: There is no state law requiring employers to provide meal breaks for most employees. However, if an employer chooses to provide a meal break, it can be unpaid if it lasts 30 minutes or more and the employee is not working during that time.
- Retail Employers (Healthy Retail Employee Act): For retail establishments with at least 50 employees, the law requires:
- One 30-minute unpaid meal break for shifts lasting 6 hours or more.
- Two 15-minute paid rest breaks for an 8-hour shift.
- Additional Breaks for Longer Shifts: For shifts exceeding 8 hours, an additional 15-minute break is required for every 4 consecutive hours worked.
Therefore, for an 8-hour shift in a covered retail establishment, the minimum break requirement would be one 30-minute meal break and two 15-minute rest breaks.
