(650) 332-8623New Jersey Break Laws: Meals, Rests, and More (2025)
In this guide, you’ll learn about New Jersey’s meal and rest break laws, who they apply to, and how to stay compliant in 2025.
Understanding New Jersey Break Laws
Meal Breaks
Laws in New Jersey Governing Meal Breaks
New Jersey labor law requires employers to provide a 30-minute meal break to minors under the age of 18 who work more than five consecutive hours. This is stipulated in N.J.S.A. 34:2-21.4 of the Child Labor Laws and Regulations.
However, there is no state-mandated requirement for meal breaks for adult employees. In the absence of state-specific laws, the Fair Labor Standards Act (FLSA) does not require employers to provide meal breaks, but if they choose to do so, breaks lasting 30 minutes or more can be unpaid, provided the employee is relieved of all duties during this time.
Rest Breaks
Laws in New Jersey Governing Rest Breaks
New Jersey does not have specific laws mandating rest breaks for adult employees. Under the FLSA, rest breaks lasting between 5 to 20 minutes are considered compensable work hours.
Employers may choose to provide such breaks, but they are not legally required to do so under state law.
What's the Difference?
Meal Breaks vs. Rest Breaks in New Jersey
Meal breaks typically last 30 minutes or longer and can be unpaid if the employee is relieved of all duties, whereas rest breaks are shorter (usually 5 to 20 minutes) and must be paid if provided.
In New Jersey, employers are not legally required to provide either meal or rest breaks to adult employees, but if they do, they must adhere to the compensability guidelines outlined above.
Exemptions
What Type of Workers are Exempt from New Jersey's Break Laws?
New Jersey does not mandate meal or rest breaks for adult employees, but some workers have special protections under state or federal law:
Minors (Under 18)
- N.J.S.A. 34:2-21.4 requires a 30-minute meal break after 5 consecutive hours of work.
- Employers must provide and document this break.
Union Employees
- Collective bargaining agreements may include negotiated break rights exceeding state law.
Nursing Mothers
- PUMP Act requires reasonable break time and a private lactation space (not a bathroom).
- Small businesses (<50 workers) may be exempt if compliance is a hardship.
Healthcare Workers
- No state-mandated breaks, but hospitals may have internal policies.
- OSHA guidelines recommend breaks to prevent fatigue in critical roles.
Though not required, employers can offer breaks voluntarily, following federal wage laws.
Differences Between New Jersey and Federal Break Laws
Both federal labor laws and New Jersey labor laws do not require rest breaks for adult employees. However, federal law states that “bona fide” meal breaks are not considered working time and do not need to be paid if the employee is fully relieved of all duties during the break.
The U.S. Department of Labor provides two key statutes governing breaks nationwide:
- Rest Breaks: 29 CFR 785.18
- Meal Breaks: 29 CFR 785.19
Employers in New Jersey should review federal labor laws to ensure compliance, as states like California impose stricter break regulations and penalties.
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Other Types of Breaks for Workers in New Jersey
New Jersey law (N.J.S.A. 34:2-21.4) requires employers to provide a 30-minute meal break to minors under 18 who work more than 5 consecutive hours.
- The break must be documented for compliance.
- Unlike adult workers, minors cannot waive this break.
New Jersey does not have a state law requiring additional breaks for pregnant employees. However, under the Pregnant Workers Fairness Act (PWFA):
- Employers must provide reasonable break time for pregnancy-related needs.
- Additional rest breaks may be required as a medical accommodation.
- Employers must accommodate unless it causes undue hardship.
Under the federal PUMP Act, employers must provide break time and a private space (not a bathroom) for breastfeeding employees to express milk.
- The space must be private and free from intrusion.
- These breaks are unpaid unless overlapping with a paid break.
- Employers with fewer than 50 employees may claim an exemption if compliance is a hardship.
Recordkeeping Requirements for Breaks in New Jersey
New Jersey employers must maintain accurate records of work hours, including meal breaks for minors and breaks for nursing mothers, to comply with state and federal regulations. Records must be retained for at least three years to ensure compliance and prevent disputes.
Key requirements:
- Minors: Document 30-minute meal breaks if working 5+ hours.
- Nursing Mothers: Track breaks for pumping as required by federal law.
- General Compliance: Maintain accurate records of work hours and breaks to avoid penalties.
Employers who fail to maintain records may face legal consequences under New Jersey labor laws and the FLSA.
NJ Penalties for Meal and Break Violations
$500 per ViolationMissed Breaks for Minors
Employers who fail to provide the required 30-minute meal break for minors working 5+ consecutive hours can be fined up to $500 per violation under N.J.S.A. 34:2-21.4. Each missed break may be counted separately, leading to higher fines.
$100 per DayLactation Break Violations
Failure to provide break time and a private lactation space under the PUMP Act can lead to $100 per day fines per affected employee. Noncompliance may also result in lawsuits and liquidated damages under federal law.
Up to $1,000 & Jail TimeCriminal Penalties for Repeated Violations
Employers who knowingly and repeatedly violate New Jersey’s minor break laws may face criminal penalties, including up to 6 months in jail and fines of up to $1,000 for a misdemeanor offense.
Back Pay & FinesWage Violations for Unpaid Breaks
Failure to pay for short rest breaks (5–20 minutes) or requiring work during unpaid meal breaks can result in:
- Back wages owed to employees.
- Liquidated damages (double the unpaid wages).
- Additional fines for repeat or willful violations.
Misconceptions About Meals and Breaks in NJ
Some believe that all workers in New Jersey must receive meal or rest breaks during their shifts.
New Jersey does not require meal or rest breaks for adult employees. However, minors must receive a 30-minute break after 5 consecutive hours of work. Employers may provide breaks voluntarily but are not obligated to do so.
Many employees think that if they take an unpaid meal break, their employer can require them to answer calls or perform small tasks.
Under federal law, unpaid meal breaks must be completely duty-free to remain unpaid. If an employee is required to work during their meal break, even briefly, the employer must pay them for the entire break period.
Some assume that New Jersey employers are not required to provide break time for breastfeeding employees.
While New Jersey does not have a state-specific law, the PUMP Act requires employers to provide break time and a private space (not a bathroom) for breastfeeding employees. These breaks are unpaid unless they overlap with a paid break. Small employers may be exempt if compliance causes undue hardship.
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Employees: Know Your Rights to Meals and Breaks in New Jersey
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EMPLOYEE RIGHT / PROTECTION #1
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Nursing mothers must get break time and a private space (not a bathroom) to pump.
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If you work during an unpaid meal break, you must be paid.
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Employers are not required to give rest breaks, but if provided, they must be paid.
Employer Obligations for Meals and Breaks in NJ
Employers in New Jersey must provide a 30-minute unpaid meal break to minors working more than 5 continuous hours, as required by state law. There are no mandated breaks for adult employees, but if an employer offers them, federal wage laws apply. Short rest breaks (5–20 minutes) must be paid, while meal breaks can be unpaid only if employees are completely relieved of duties. Employers must also follow federal regulations for nursing mothers, ensuring break time and a private space for milk expression.
Failure to comply with break laws can result in penalties, back pay claims, and legal consequences. Employers should ensure compliance by properly documenting breaks, training managers, and aligning policies with federal and state laws.
Benefits to Employees
Compliance with break laws improves employee well-being, satisfaction, and productivity. Key benefits include:
- Reduced Fatigue: Regular breaks help prevent exhaustion and improve focus.
- Job Satisfaction: Fair break policies boost morale and workplace culture.
- Legal Protection: Employees are safeguarded from wage violations.
- Work-Life Balance: Nursing mothers receive proper accommodations, fostering inclusivity.
Benefits to Employers
Following New Jersey’s break laws benefits businesses by enhancing efficiency, retention, and legal compliance. Key advantages include:
- Higher Productivity: Well-rested employees work more efficiently.
- Lower Turnover: Providing breaks reduces burnout and improves retention.
- Legal Compliance: Avoiding violations helps prevent costly lawsuits.
- Stronger Reputation: Businesses that follow labor laws attract top talent.
Explore other labor law articles:
- Maryland Labor Laws
- New York Labor Laws
- South Dakota Labor Laws
- Colorado Labor Laws
- Kansas Labor Laws
The Bottom Line on New Jersey Meal and Break Laws
ANew Jersey’s break laws offer minimal state requirements, but employers must follow federal labor laws. While adults aren’t entitled to breaks, minors must receive a 30-minute meal break after 5 hours of work, and nursing mothers must get break time and a private space for pumping. Employers providing breaks must comply with wage laws to determine if they are paid or unpaid.
Compliance prevents legal risks, boosts morale, and improves productivity.
Try Workyard now to stay fully compliant!
No. Under federal labor laws, unpaid meal breaks must be completely duty-free. If your employer requires you to work during an unpaid meal break—such as answering calls, assisting customers, or performing small tasks—then the entire break must be considered paid time. If you’re not fully relieved of duties, you should be compensated for the full break period. Employers who violate this rule could face wage violations and may owe back pay to affected employees.
New Jersey does not require employers to provide meal or rest breaks for adult employees, regardless of full-time or part-time status. However, if an employer offers breaks, they must follow federal wage laws. For example, short rest breaks (5–20 minutes) must be paid if provided. Minors working 5+ hours must still receive a 30-minute meal break, even if working part-time. Part-time workers should check their employment contracts or company policies to see if additional break benefits are offered.
It depends. Adult employees in New Jersey do not have guaranteed meal breaks, so they can work through their shift without taking one unless their employer mandates breaks. However, minors (under 18) cannot waive their meal breaks. If a minor works more than 5 consecutive hours, they must take a 30-minute meal break as required by state law. Employers should ensure minors do not skip their required breaks, as failure to provide them could result in penalties.
If your employer fails to provide required breaks, such as meal breaks for minors or lactation breaks for nursing mothers, you should first report the issue to HR or management. If the issue is unresolved, you can file a complaint with the New Jersey Department of Labor and Workforce Development (NJDOL) or the U.S. Department of Labor (DOL) for federal violations. Employers who violate break laws may face fines, penalties, and back pay claims if they deny workers their legally mandated breaks.
New Jersey law does not require employers to provide breaks for religious observances. However, under Title VII of the Civil Rights Act, employers must reasonably accommodate employees’ religious practices unless it causes undue hardship. This could include allowing breaks for prayer or fasting. Employees should discuss accommodations with their employer, and if denied without valid justification, they may file a complaint with the Equal Employment Opportunity Commission (EEOC) for potential religious discrimination.
