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 New Mexico (NM), there are no specific state statutes that mandate employers to provide breaks or meal periods for adult employees. This means that employers in NM are not legally required to provide lunch breaks or rest periods for employees over the age of 18. However, for minors under the age of 18, state law requires that they must be given a meal period of at least a 30-minute break if they work more than five consecutive hours. Employers must adhere to this requirement for minors, ensuring compliance with the higher standard when both federal and state regulations apply. As for federal law, while it does not require employers to provide lunch or coffee breaks, any short breaks offered (usually lasting about 5 to 20 minutes) are considered compensable work hours. These hours must be included when calculating overtime pay. Conversely, bona fide meal periods, which typically last at least 30 minutes, are not considered work time and are therefore not compensable. Employers must communicate their break policies clearly, especially regarding the duration and rules surrounding the extension of breaks, to avoid any obligation to compensate for unauthorized extended breaks.