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 Virginia, there are no state laws that require employers to provide breaks or meal periods to employees, regardless of the length of their workday. This means that in Virginia, the provision of breaks is at the discretion of the employer. However, if an employer chooses to provide short breaks, typically lasting 5 to 20 minutes, federal law requires that these breaks be counted as compensable work hours. This is relevant for the calculation of overtime pay. For meal periods, which are usually 30 minutes or longer, federal law does not consider them work time, and thus they are not compensable, provided the employee is completely relieved from duty. For minors, Virginia law requires that employers provide a 30-minute lunch break to employees under the age of 16 who are scheduled to work more than five consecutive hours. Employers in Virginia must comply with this provision for minors, ensuring that they observe the higher standard when applicable.