State laws (statutes and regulations) generally govern the number and length of breaks and meal periods employers must provide employees—usually based on the number of consecutive hours the employee has worked that day. These laws vary from state to state and many states have separate provisions requiring meal periods specifically for minors (when minors are covered by two provisions, employer must observe the higher standard).

Federal law does not require lunch or coffee breaks for employees, but if employers do offer short breaks (usually lasting about 5 to 20 minutes) federal law considers the breaks compensable work hours that must be included in the number of hours worked when calculating overtime pay. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and that any extension of the break will be punished. Bona fide meal periods (typically lasting at least 30 minutes) serve a different purpose than coffee or snack breaks, are not work time, and are not compensable.

In Illinois, the One Day Rest in Seven Act (ODRISA) requires employers to provide employees with a minimum of a 20-minute meal period for every 7.5 continuous hours of work. This meal break must be given no later than 5 hours into the shift. Additionally, Illinois has specific provisions for minors under the age of 16; they are entitled to a meal period of at least 30 minutes after working no more than 5 consecutive hours. Employers must comply with these state regulations, which are more stringent than federal law. Federal law, while not mandating meal or coffee breaks, does require that any short breaks offered by the employer be considered compensable work hours. However, bona fide meal periods, typically lasting at least 30 minutes, are not considered work time and are not compensable under federal law. Employers in Illinois must adhere to both state and federal regulations regarding meal and break periods, ensuring that the more protective standards are applied where applicable.