Virginia: Meal and Rest Break Requirements

verified against the statute 2026-07-12 7 statute sources

The short answer

Virginia does not require private employers to provide meal periods or short rest breaks to employees age 16 or older. A covered worker under 16 cannot work more than five continuous hours without at least a 30-minute lunch period; a period shorter than 30 minutes does not interrupt continuous work.

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This is the general rule in Virginia. Ezel applies current Virginia law to your specific facts and answers with citations to the statutes.

Governing lawNo mandate at age 16+ (Virginia DOLI FAQ); 16VAC15-40-30(B) and -40(C) govern nonagricultural and agricultural workers under 16; Va. Code § 40.1-113 penalties
Required meal breakNone required at age 16+; covered workers under 16 get at least 30 min before exceeding 5 continuous hours (16VAC15-40-30(B), -40(C))
Required paid rest breakNone required at age 16+; provided short rests of 5-about 20 min are paid work under 29 C.F.R. § 785.18
Paid or unpaid?Provided short rests are paid; a bona fide meal is ordinarily unpaid only if completely duty-free (§§ 785.18-.19); youth rule does not designate pay
Waiver and on-duty mealsNot applicable at age 16+; youth rule states no waiver and says a period under 30 min does not interrupt continuous work
Who is covered or exemptNo general coverage at age 16+; under-16 rules cover private nonagricultural/agricultural work, subject to listed parent, public-body, theatrical, rescue, and other exceptions (16VAC15-40-50)
Separate rule for minorsCovered workers under 16: at least 30 min before exceeding 5 continuous hours; shorter period does not interrupt work
Remedy for a missed breakNo adult state missed-break remedy; child-law violation generally carries $500-$2,500 civil penalty, up to $25,000 if serious injury/death results (§ 40.1-113(A))

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Virginia's rule in practice

Virginia requires no meal period or short rest break for employees age 16 or
older. The Department of Labor and Industry states that dividing line directly
in its current labor-law FAQ.

For covered workers under 16, 16VAC15-40-30(B) supplies the nonagricultural
rule: at least 30 minutes for lunch before work exceeds five continuous hours.
16VAC15-40-40(C) applies the same clock to work on farms, in gardens, and
in orchards. A period shorter than 30 minutes does not interrupt continuous
work.

When an adult's employer voluntarily provides a break, federal pay rules
apply. 29 C.F.R. § 785.18 makes short rests of 5 minutes to about 20
minutes paid time. § 785.19(a) permits an unpaid bona fide meal only when
the employee is completely relieved from duty.

What trips people up

The under-16 rule is in the Virginia Administrative Code, not in the text of
Va. Code § 40.1-80.1 itself. That statute authorizes hours-of-work
regulations; 16VAC15-40-30(B) contains the operative nonagricultural lunch
language.

The minor rule also has exemptions. 16VAC15-40-50 excludes listed work for
a parent-owned business, legislative pages and clerks, domestic duties in the
minor's own home, public bodies, permitted theatrical performers, volunteer
rescue squads, and other specified activities. Farm work for a parent on the
parent's farm is separately exempt under 16VAC15-40-40(B).

Common questions

Must a Virginia employer give an adult lunch on an eight-hour shift?

No general Virginia law requires it. An employer policy, agreement, or a rule
for a particular occupation may still provide one.

Is a provided 15-minute break paid?

Yes. 29 C.F.R. § 785.18 treats a short rest of 5 minutes to about 20
minutes as hours worked.

What is the penalty for denying a covered child's lunch?

Under Va. Code § 40.1-113(A), an ordinary child-labor violation carries a
civil penalty from $500 to $2,500. The ceiling rises to $25,000 when the
violation results in a child being seriously injured or dying in the course of
the employment.

Statutes and sources

  • 16VAC15-40-30(B), -40(C), and -50. The current official regulations set
    the under-16 lunch clocks and list exemptions.
    Nonagricultural rule
    and full chapter
    (accessed July 12, 2026).
  • Va. Code § 40.1-113(A). The current official statute supplies the civil-
    penalty ranges for child-labor violations.
    Official text
    (accessed July 12, 2026).
  • Virginia DOLI, Virginia Labor Laws FAQ. Current official guidance
    confirms that employers need not provide breaks unless the employee is under
    16. Official guidance
    (accessed July 12, 2026).
  • 29 C.F.R. §§ 785.18-.19. The current federal rules treat provided short
    rests as paid time and require complete relief from duty for an unpaid bona
    fide meal. Short rests
    and meals
    (accessed July 12, 2026).

Source links

Every statute quoted above, linked, with the date we checked it.

16VAC15-40-30(B) · accessed 2026-07-12
16VAC15-40-40(B)-(C) · accessed 2026-07-12
16VAC15-40-50(1) · accessed 2026-07-12
Va. Code § 40.1-113(A) · accessed 2026-07-12
29 C.F.R. § 785.18 · accessed 2026-07-12
29 C.F.R. § 785.19(a) · accessed 2026-07-12
This page is general legal information about Virginia meal and rest break rules for adult, nonexempt private-sector employees, not legal advice about your job or workplace. Industry wage orders, collective-bargaining agreements, local ordinances, and occupation-specific rules may change the result, and separate laws govern minors and lactation breaks. Whether time is fully off-duty or must be paid often depends on facts this page cannot resolve. Verified against the official statute, regulation, or wage-order text on the date shown; confirm current law or consult the state labor agency or a licensed attorney before relying on it.

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