Meal and Rest Break Requirements in Pennsylvania

At a glance

How the adult and minor rules differ

Pennsylvania does not require an ordinary private employer to give an employee age 18 or older a meal period or short rest break. The Department of Labor & Industry's current Wage FAQs state that adult breaks are not required. A policy, contract, or collective-bargaining agreement may still promise them, but that promise is not a statewide adult minimum.

The Child Labor Act sets a different rule. Under § 3(a), no covered minor may work more than five hours continuously without at least 30 minutes for a rest break. A pause shorter than 30 minutes does not stop or restart the five-hour clock. Although the Department's summary commonly describes the rule for ages 14 through 17, the statute itself says "no minor," and the Act defines a minor as an individual under 18. Performers governed by the Act's separate § 5 are excluded from this general time-limit section by § 3(g).

Federal law answers the pay question for breaks an employer gives. Under 29 C.F.R. § 785.18, a short rest of 5 minutes to about 20 minutes counts as hours worked. Under § 785.19(a), a bona fide meal may be unpaid only when the employee is completely relieved from active and inactive duties while eating.

What trips people up

The five-hour/30-minute rule is a child-labor protection, not an adult lunch law. Leaving the age limit out makes Pennsylvania appear to mandate breaks for all workers when it does not.

The statute says the break must arrive before work exceeds five continuous hours. A 10- or 15-minute pause is not enough; § 3(a) expressly says a period shorter than 30 minutes does not interrupt continuous work.

The minor rule carries public penalties rather than an adult missed-break wage premium. Under § 11(b)-(c), a first criminal violation carries a $500 fine, a later one may carry a $1,500 fine or up to 10 days' imprisonment, and the department may impose an administrative penalty up to $5,000 per violation and order corrective action.

Common questions

Does Pennsylvania require lunch on an eight-hour adult shift?

No. State law does not require an ordinary employee age 18 or older to receive a lunch break solely because the shift lasts eight hours.

Can a 17-year-old work five hours and then receive only 15 minutes?

No. § 3(a) requires at least 30 minutes, and it says a shorter period does not interrupt the continuous-work period.

If my employer gives me a 15-minute adult break, must it be paid?

Yes, as a general wage rule. 29 C.F.R. § 785.18 treats short rests of 5 minutes to about 20 minutes as hours worked.

Statutes and sources

• Pennsylvania Department of Labor & Industry, Wage FAQs. Current official guidance distinguishes the adult no-mandate rule from the minor requirement. Official guidance (accessed July 11, 2026).
• Pennsylvania Child Labor Act § 3(a), (g), Act 151 of 2012. The current official act text states the minor break and performance exclusion. Official text (accessed July 11, 2026).
• Pennsylvania Child Labor Act § 11(b)-(c). The official act text states the criminal and administrative penalties. Official text (accessed July 11, 2026).
• 29 C.F.R. §§ 785.18-.19. Federal law controls pay for short rests and bona fide meals. Rest rule and meal rule (accessed July 11, 2026).