Waivers and exceptions
The meal break is not required if it is feasible for the employee to eat during work and the employer permits it. Lactation rules allow an undue hardship exemption, and the parties can agree a different break schedule. Source: gc.nh.gov↗ (opens in a new tab)
Penalties
Lactation law breaches carry a one-time civil penalty under RSA 273:11-a (penalty section effective July 1, 2026). Source: gc.nh.gov↗ (opens in a new tab)
Recent changes
New lactation law (RSA 275:78 to 275:83) took effect July 1, 2025 for employers with 6+ employees: unpaid break about 30 minutes per 3 hours and a private space. Its penalty section takes effect July 1, 2026. Source: gc.nh.gov↗ (opens in a new tab)
The law and where to check
The law: N.H. Rev. Stat. Ann. 275:30-a; 275:78 to 275:83 (lactation) (opens in a new tab)
The agency: New Hampshire Department of Labor (opens in a new tab)
What federal law says
Federal law does not require meal or rest breaks. If you give short breaks (about 5 to 20 minutes), they must be paid. Meal periods of 30 minutes or more can be unpaid if the employee is fully relieved of duty. Nursing employees get reasonable break time under the federal PUMP Act. Source: U.S. Department of Labor↗ (opens in a new tab) Source: U.S. DOL — PUMP Act↗ (opens in a new tab)
Meal and rest breaks checklist for New Hampshire employers
A simple order of work, based on the rules above. It is not a legal checklist.
- Check which of your staff the break rules above cover, including minors.
- Build required meal and rest breaks into your schedules.
- Decide which breaks are paid and record them correctly in your timekeeping.
- Set up a private, non-bathroom space for nursing employees.
- Put your break policy in writing and share it with staff.
- Keep time records that show breaks were taken.
More New Hampshire employment law guides
- All New Hampshire employment laws
- New Hampshire final paycheck law
- New Hampshire paid sick leave law
- New Hampshire overtime law
- New Hampshire pay frequency law
- New Hampshire vacation and PTO payout law
- New Hampshire new hire reporting
- New Hampshire at-will exceptions
Meal and rest breaks laws in other states
See every state on one page, or pick a state:
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Sources
All official government sources, last checked October 19, 2026.
- https://gc.nh.gov/rsa/html/XXIII/275/275-30-a.htm
- https://www.dol.gov/agencies/whd/state/rest-periods
- https://gc.nh.gov/rsa/html/XXIII/276-A/276-A-4.htm
- https://gc.nh.gov/rsa/html/XXIII/275/275-mrg.htm
- https://www.nh.gov/labor/
- https://www.dol.gov/general/topic/workhours/breaks
- https://www.dol.gov/agencies/whd/pump-at-work
Disclaimer: This guide provides general information based on publicly available official sources and is for information only. It is not legal, tax, payroll or employment-law advice and does not guarantee compliance with federal, state or local requirements. Rules can depend on your location, industry, contracts and other circumstances, and laws change. Always check the official source, the relevant government agency or a qualified professional before making a decision. MadyHR.ai accepts no responsibility for any action taken based on this page.
Last checked: . Every rule and source link on this page was checked against the official government source on this date. Laws change, so always open the source link before you act.