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 Wisconsin, state law does not require employers to provide adults with breaks or meal periods, regardless of the length of their workday. However, for minors (employees under the age of 18), Wisconsin state law mandates a 30-minute duty-free meal period for those who work 6 consecutive hours or more. This meal break must be provided no later than the end of the 6th consecutive hour of work. Employers must adhere to this requirement for minors and cannot require them to work during this period. For adult employees, while breaks and meal periods are not mandated by state law, if an employer chooses to provide short breaks (usually lasting about 5 to 20 minutes), federal law requires that these breaks be counted as compensable work hours. Additionally, bona fide meal periods (typically lasting at least 30 minutes) do not count as work time and are not compensated, provided the employee is completely relieved from duty for the purpose of eating regular meals.