Last verified October 26, 2026 · How we verify
New Jersey break laws
New Jersey sets no break rules of its own. What federal law still requires, how overtime and teen work hours are limited in New Jersey, and where to complain.
New Jersey sets no break rules of its own. What federal law still requires, how overtime and teen work hours are limited in New Jersey, and where to complain.
New Jersey has no state law requiring meal or rest breaks for adult workers, so breaks are up to your employer. Federal pay rules still apply to any break you do get. Overtime is due after 40 hours in a workweek; there is no daily overtime.
New Jersey has no state law requiring meal or rest breaks for adult private-sector employees. It is not listed in the U.S. Department of Labor's tables of state meal-period and rest-period laws, which list every state that has one.
“States not listed do not require paid rest periods.”
So only the federal rules apply. Federal law does not require meal or rest breaks. Short breaks (about 5 to 20 minutes) that an employer gives count as paid work time; meal periods of 30 minutes or more can be unpaid if the employee is completely relieved of duty.
“Rest periods of short duration, running from 5 minutes to about 20 minutes, are common in industry”— 29 CFR 785.18-785.19 (rest and meal periods)
Verified October 26, 2026 · Sources (DOL tables last revised January 1, 2023): U.S. DOL, Minimum Length of Meal Period Required under State Law for Adult Employees in Private Sector; U.S. DOL, Minimum Paid Rest Period Requirements under State Law for Adult Employees in Private Sector
You earn time and a half for hours actually worked over 40 in a seven-day workweek. Paid holidays or sick hours you did not work do not count toward the 40.
“Overtime is paid at the rate of time and one half after forty hours of actual work in a seven-day workweek.”
Verified October 26, 2026 · Source: NJ Division of Wage and Hour Compliance, FAQs for Workers
Nursing employees also have a federal right to reasonable unpaid break time and a private place, not a bathroom, to pump breast milk for one year after the birth. What the federal pump-break rule covers.
Rules for adult, non-exempt private-sector workers. Industry orders, union contracts, local laws and exemptions can change the answer. General reference, not legal advice.
Teen workers in New Jersey have limits on how long and how late they can work. Where the New Jersey and federal limits differ, the stricter one applies. New Jersey is also one of 33 states with a separate meal-break rule for minors; when a teen is covered by both the adult and the minor rule, the employer must follow the higher standard (U.S. DOL). Ask the New Jersey labor department for its details.
| Age | Hour limits | Can't work between |
|---|---|---|
| Under 16 (New Jersey) | Non-school days and weeks: up to 8 hours a day and 40 a week, 6 days a week School days and weeks: up to 3 hours a day and 18 a week, 6 days a week | 7 p.m. (9 p.m. from last day of school through Labor Day in non-school weeks with written permission) to 7 a.m. |
| 16 and 17 (New Jersey) | 8-40-6 - Workers 16 and up may work up to 50 hours in one week and up to 10 hours a day only between the last day of school and Labor Day. | 11 p.m. to 6 a.m. during school term, with specified variations |
| Under 16 (federal) | Non-school days and weeks: up to 8 hours a day and 40 a week School days and weeks: up to 3 hours a day and 18 a week | 7 p.m. (9 p.m. June 1 through Labor Day) to 7 a.m. |
| 16 and 17 (federal) | No hour limits | No night limits |
Verified October 26, 2026 · Source: U.S. Department of Labor, Selected State Child Labor Standards Affecting Minors Under 18 in Non-farm Employment, as of July 15, 2025. School-day limits usually apply only to students. In the DOL's shorthand, “8-40” means 8 hours a day and 40 a week; a third number is days a week.
Because New Jersey has no break law, there is no state claim for a missed break itself. But if your employer deducts short breaks (5 to 20 minutes) from your pay, or you work through an unpaid lunch, that is unpaid work time under federal law. File a wage complaint with the NJ Division of Wage and Hour Compliance, online (recommended), by mail or by fax. There is a six-year time limit for unpaid minimum wage, overtime and other wage complaints. Official page ↗ Verified October 26, 2026
You can also call the federal Wage and Hour Division free at 1-866-487-9243. Firing or punishing you for a wage complaint is illegal.
Every time you are paid, you must get a statement listing your deductions and your gross and net wages. Source ↗ Verified October 26, 2026
Paid break time counts as hours worked, at no less than New Jersey's minimum wage of $15.92 an hour, rising to $16.48 on January 1, 2027. New Jersey minimum wage details ↗ Keep your own record to compare: the time card calculator totals your week with New Jersey's rules and saves a PDF.
| State | Meal break | Rest breaks | Overtime |
|---|---|---|---|
| New Jersey | None required | None required | Weekly, 40 h |
| Delaware | A 30-minute meal break for 7.5 or more consecutive hours | None required | Weekly, 40 h |
| New York | A 30-minute lunch for shifts over 6 hours that cover 11 a.m. to 2 p.m. | None required | Weekly, 40 h |
| Pennsylvania | None required | None required | Weekly, 40 h |
See all 50 states and DC.
Every rule on this page was checked against the official source below; the quotes are verbatim and were found in the source on the date shown next to each rule. This page was last verified on October 26, 2026, the oldest of those dates. How we verify.