Meal and Rest Break Requirements in New Hampshire

At a glance

Requirements one by one

The five-hour meal rule

New Hampshire Revised Statutes § 275:30-a bars an employer from requiring an employee to work more than five consecutive hours without a half-hour lunch or eating period. In practical terms, the 30-minute period must be provided before work crosses the five-consecutive-hour mark.

On-duty eating

The statute contains its own alternative. If eating during the performance of the work is feasible and the employer permits it, the employee may eat while working instead of receiving a separate 30-minute period. The New Hampshire Department of Labor states that this on-duty eating time must be paid.

Pay and enforcement

A bona fide 30-minute meal may be unpaid only when the employee is completely relieved from duty under 29 C.F.R. § 785.19(a). Active or inactive duties while eating make the time work time.

New Hampshire does not attach special premium pay to a missed meal. A willful failure to comply with a chapter 275 requirement is a misdemeanor under § 275:52.

What trips people up

The five-hour figure is a ceiling on continuous work, not a rule allowing the meal to begin sometime after five hours have elapsed. If the separate meal is used, it must interrupt the work before the employee exceeds five consecutive hours.

On-duty eating is an alternative written into the statute, but it is not unpaid lunch. The employer must permit the employee to eat during the work, and the Department of Labor says that combined eating-and-working time must be paid.

The statute does not create a separate 10- or 15-minute rest entitlement. Employer policies may provide short breaks, but the state scheduling mandate is the half-hour lunch or eating period after five consecutive hours.

Common questions

Can an employee work through lunch and leave early?

Not simply by individual choice. The employer must either grant the 30-minute period or use the statute's on-duty-eating alternative when eating during the work is feasible and permitted.

Must an on-duty meal be paid?

Yes. New Hampshire's Department of Labor says an employee who eats and works at the same time must be paid.

Is a second meal required on a long shift?

Section 275:30-a does not state a second-meal rule. It prevents more than five consecutive hours of work without the required lunch/eating arrangement.

Do minors receive a different meal period?

No separate minor meal schedule appears in the youth-employment statute. The general employee rule applies, while separate youth laws restrict when and how long minors may work.

Statutes and sources

• N.H. Rev. Stat. § 275:30-a. The current official statute supplies the five-hour trigger, half-hour period, and on-duty-eating alternative. Official text (accessed July 12, 2026).
• New Hampshire Department of Labor, Wages and Work Hours FAQs. The agency confirms that combined eating and working must be paid. Official guidance (accessed July 12, 2026).
• 29 C.F.R. § 785.19(a). The current federal rule requires complete relief from duty for an unpaid bona fide meal. Official text (accessed July 12, 2026).
• N.H. Rev. Stat. § 275:52. The current official text supplies the default misdemeanor remedy for willful chapter violations. Official text (accessed July 12, 2026).