Virginia: Meal and Rest Break Requirements
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 law | No 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 break | None 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 break | None 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 meals | Not 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 exempt | No 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 minors | Covered workers under 16: at least 30 min before exceeding 5 continuous hours; shorter period does not interrupt work |
| Remedy for a missed break | No 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.
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