The rule
| Ohio | |
|---|---|
| Meal break for adults | Not required by Ohio or federal law |
| Rest break for adults | Not required by Ohio or federal law |
| If you give short breaks | Breaks of about 5 to 20 minutes count as hours worked and must be paid |
| If you give a meal break | A meal period of 30 minutes or more can be unpaid only if the employee is completely relieved of duty |
| Minors | No employer may employ a minor (under 18) more than five consecutive hours without a rest period of at least thirty minutes (Ohio Revised Code 4109.07) |
What the federal rule requires
Federal law does not require lunch or coffee breaks. What it does regulate is pay when an employer chooses to give them.
Short breaks, usually 5 to 20 minutes, count as hours worked. They go into the weekly total and can push an employee over 40 hours into overtime. A bona fide meal period, typically 30 minutes or more, does not count as work time, but only if the employee is completely relieved from duty. Someone who eats at the register while answering questions has not been relieved, and that time is paid.
Ohio's rule for minors
Ohio's only break statute is in the minor labor chapter. Section 4109.07 states that no employer shall employ a minor more than five consecutive hours without allowing a rest period of at least thirty minutes. It applies to all workers under 18, not just those under 16, and it sits alongside the chapter's limits on daily and weekly hours during school weeks.
Worked example: a 15-person ice cream shop
The shop runs summer shifts with adult supervisors and several 16 and 17 year olds.
- An adult on a 9-hour shift gets a 30-minute unpaid lunch by policy. Ohio does not require it, but the 30 minutes can be unpaid only if the supervisor is fully off duty.
- A 17 year old scheduled noon to 8 p.m. (8 hours) must be given a 30-minute rest period before completing five consecutive hours, so it must start by 5 p.m.
- A 16 year old scheduled 4 p.m. to 9 p.m. (5 hours) does not exceed five consecutive hours, so no break is required by 4109.07 that day, though a 15-minute paid break can still be given by policy.
How to track it
Because Ohio does not require breaks, the compliance question is a pay question: are short breaks being paid, and is unpaid meal time actually work-free? Both depend on the time clock capturing the break as its own event rather than a guessed deduction.
Set the unpaid meal break as a clocked break, so the 30 minutes only come off the timesheet when the employee actually punches out for it. Leave short rest breaks on the clock so they stay paid and count toward the 40-hour overtime line. If a written break policy says 30 minutes but the punches show 18, pay the 18 as work time and fix the schedule, not the record.
Ohio meal and rest breaks FAQ
Does Ohio require a lunch break for adults?
No. Ohio has no meal or rest break requirement for employees 18 and older, and neither does federal law. Breaks are set by employer policy.
What breaks do minors get in Ohio?
A rest period of at least 30 minutes whenever a minor works more than five consecutive hours, under Ohio Revised Code 4109.07. The chapter also limits minors' daily and weekly hours during the school year.
Do short breaks have to be paid in Ohio?
Yes, under federal law. Breaks of about 5 to 20 minutes count as hours worked, must be paid, and count toward the 40-hour overtime threshold.
Can I auto-deduct 30 minutes for lunch?
Only if the employee actually took a duty-free meal period of at least 30 minutes. If they worked through it, the deduction becomes unpaid wages. Record the real break punches instead.
Related pages
Sources, checked September 9, 2026
- Ohio Revised Code section 4109.07: Hours of employment for minors
- U.S. Department of Labor: Breaks and meal periods
- U.S. Department of Labor, Fact Sheet #22: Hours worked under the FLSA
This is general information, not legal advice. Rules change; check the linked source.