Virginia break laws: no state requirement for adults, 30 minutes after 5 hours for under-16s, and the federal rules that apply

The short answer

Virginia has no state law requiring meal or rest breaks for adult employees in the private sector. What applies is the federal Fair Labor Standards Act, which does not require breaks either but decides how the ones you give are paid:

• Short breaks of 5 to 20 minutes are paid working time and count toward the 40 hours that trigger overtime (29 CFR 785.18).
• Meal periods of 30 minutes or more can be unpaid, but only if the employee is completely relieved of duty. Eating at the register is working (29 CFR 785.19).
• Nursing mothers get reasonable break time and a private, non-bathroom space to express milk for one year after the child's birth, under the federal PUMP Act.

Minors are the exception. Children under 16 may not work more than 5 hours continuously without an interval of at least 30 minutes for a lunch period (Code of Virginia 40.1-80.1). There is no break rule for 16 and 17 year olds or adults.

So a Virginia employer can schedule an adult for an 8-hour shift with no break and be within the law. Almost nobody does, because the shift falls apart around hour six, and because once a break policy exists, payroll has to apply it exactly.

What "no law" changes in practice

Your policy is the rule. If the handbook says "30-minute unpaid meal on shifts over 6 hours", that is what payroll must apply, every time. The most common break claim in a state with no break law is a deducted meal period that was never taken.

The deduction test is federal and strict. An unpaid meal period is unpaid only if the person was relieved of all duties. A cashier who covers the floor while eating, a cook who answers the ticket printer, a receptionist who stays at the desk: those 30 minutes are paid, whatever the schedule says. If people routinely work through lunch, pay it or change the schedule.

Short breaks stay on the clock. A 10-minute break is paid and cannot be deducted. Asking staff to clock out for a smoke break is a federal violation, not a Virginia one.

Minors need the break written into the shift. 30 minutes after 5 hours for under-16s: put it on the schedule with a start time, and make sure the person actually takes it.

Wages, overtime and the other Virginia rules that do bite

Minimum wage and overtime. $12.77 an hour since January 1, 2026, indexed each January. Overtime at time and a half after 40 hours in the workweek under the Virginia Overtime Wage Act, which follows the FLSA. There is no daily overtime in Virginia; a 12-hour shift in a 36-hour week is straight time.

Employment certificates. Under-16s need one from the school; under-16s also cannot work more than 3 hours on a school day or 18 in a school week, and not between 7pm and 7am during the school year.

Pay stubs. Virginia requires a written statement each pay period showing hours worked and rate for hourly employees, which is where a deducted break that was not taken becomes visible to the employee.

Building it into the schedule

1. Write a 30-minute unpaid meal period into every shift over 6 hours, with a start time. It is what most employers in Virginia do, and it keeps the deduction defensible.
2. Give a paid 10-minute break per 4 hours, on the clock. A sixth of an hour, and fewer errors in the afternoon.
3. Make people clock out and in for the unpaid meal. It is the only proof the 30 minutes were taken and that payroll was right to deduct them.
4. Flag minors on the roster so their break rule and hours limits are applied without anyone having to remember.
5. Publish the schedule two weeks ahead. No law requires it in Virginia; turnover does.

Squadra writes the break inside each shift, records unpaid meal periods as a clock-out and clock-in, marks minors so their rules apply, and shows the week's hours per person so the 40-hour line is visible before it is crossed. Free up to 10 employees: see the pricing.

Around Virginia: Maryland requires shift breaks at retailers with 50 or more employees; Kentucky and Tennessee have adult rules; North Carolina, West Virginia and the District of Columbia do not. The full map, and how far apart the states are: break laws in the US. Timing the breaks and totalling the hours: the hours calculator and the time card calculator.

*Sources: Virginia Department of Labor and Industry, youth employment; Code of Virginia 40.1-80.1. U.S. Department of Labor, state minimum wage table (updated July 1, 2026). Rules as in force on September 20, 2026. General information, not legal advice.*