Meal & rest break checklist

Static educational checklist — not a calculator. No punch inputs, no live meal-premium math. Use this to spot common meal/rest red flags under California LC 226.7 / 512, Washington WAC 296-126-092, and Illinois hotel room attendant break rules. States differ — federal FLSA does not generally mandate meal breaks; state overlays do the heavy lifting.

Federal baseline (not a meal mandate)

FLSA generally does not require meal or rest breaks. When a meal period is provided, DOL interpretive rules distinguish bona fide meal periods (usually unpaid if the employee is relieved of duty) from short rest breaks that are typically hours worked. Starting points: Cornell LII — 29 CFR § 785.19 (meal periods) and eCFR — § 785.19. This page does not time your breaks.

Checklist — CA, WA, and IL hotel red flags

1. California meal timing (LC 512). Flag shifts that look long enough for a first meal (generally more than 5 hours) or a second meal (generally more than 10 hours) with no meal punched or documented waiver practice. Timing rules and exceptions are statute-specific — do not invent them from memory.
   • Statute text: California Labor Code § 512.
   • Outbound StatutePay tool: California meal & rest premium.
2. California missed-meal / rest premium (LC 226.7). When a required meal or rest period is not provided, California law contemplates a premium (generally one additional hour of pay at the regular rate of compensation per workday for the missed type of break). Flag stubs with no 226.7-style premium line despite schedules that look like missed meals/rests, or premiums that look capped below one hour of pay.
   • Statute text: California Labor Code § 226.7.
   • Interactive check (outbound): StatutePay CA meal break.
3. California rest periods (IWC / wage-order overlay). Rest periods are commonly required under applicable Industrial Welfare Commission wage orders (often described as ~10 minutes net rest per four hours or major fraction). Flag “on-call” rests, interrupted rests, or policies that treat rest as unpaid.
   • Educational only — wage order / industry facts matter; pair with the CA meal tool above rather than treating this bullet as a calculator.
4. Washington meal periods (WAC 296-126-092). Washington meal rules generally call for a meal period of at least 30 minutes for employees working more than five consecutive hours, timed so it starts between the second and fifth hour of the shift (with industry / waiver nuances). Flag long consecutive stretches with no meal window, or “meals” that look like on-duty work without a clear waiver record.
   • Rule text: Cornell — WAC 296-126-092; WA Legislature — WAC 296-126-092.
   • Outbound StatutePay tool: Washington meal & rest.
5. Washington rest breaks. WAC 296-126-092 also addresses rest periods (commonly framed as a paid 10-minute rest for each four hours of working time). Flag unpaid “rest,” missed mid-block rests, or schedules that pack four-hour blocks without a rest slot.
   • Same WAC cite as above; use the WA meal/rest StatutePay page for interactive timing checks.
6. Illinois hotel room attendant breaks (820 ILCS 140/3.1). Illinois has a hotel-specific break rule for room attendants (workload / break structure under the One Day Rest in Seven Act overlay). Flag hotel housekeeping schedules with no attendant break practice, truncated breaks, or policies that treat attendant breaks as optional when the statute applies.
   • Statute starting points: 820 ILCS 140/3.1 (ILGA), FindLaw — 820 ILCS 140/3.1.
   • Outbound StatutePay tool: Illinois hotel room attendant breaks.
7. On-duty / interrupted “meals.” Under federal interpretive guidance, a meal is more likely unpaid only if the employee is relieved of duty. Flag “lunches” where the worker must stay on radio, answer customers, or keep working — those hours may be hours worked even if labeled meal.
   • Cite: 29 CFR § 785.19 / eCFR § 785.19.
8. Pay-stub / OT interaction. State meal-premium dollars can appear as separate earnings and may affect FLSA regular-rate analysis in the same workweek. Cross-check with the overtime pay-stub checklist when premiums and OT both show up.

Sources (public)

• Cornell LII — 29 CFR § 785.19 (meal periods)
• eCFR — § 785.19
• California Labor Code § 226.7
• California Labor Code § 512
• Cornell — WAC 296-126-092 (WA meal/rest)
• WA Legislature — WAC 296-126-092
• 820 ILCS 140/3.1 (IL hotel room attendants)

Educational checklist only — not legal advice, not a meal-premium calculator, and not an audit. Always read the full statute/CFR/WAC and apply facts, wage orders, waivers, and industry rules. States differ. Last updated 2026-09-06. Home · Tip credit · OT stub checklist · Cheat sheet · StatutePay