Maryland Break Laws (2026)

Retail employees: (1) 4 to 6 consecutive hours: nonworking shift break of at least 15 minutes; (2) 'more than 6 consecutive hours': nonworking shift break of at least 30 minutes (replaces the 15-minute break); (3) if an employee works 8 consecutive hours in a single shift, an additional nonworking break of at least 15 minutes for every additional 4 consecutive hours.

Who's covered

RETAIL ONLY (Healthy Retail Employee Act): employers engaged in a retail establishment business in Maryland with 50 or more retail employees for each working day in each of 20+ calendar weeks in the current or preceding year (or owners of same-trade-name retail franchises with 50+ Maryland retail employees). 'Retail establishment' = place whose primary purpose is selling goods to a consumer present at the time of sale; excludes wholesalers and restaurants. Excludes employees covered by a CBA/policy with equal or greater breaks, FLSA overtime-exempt employees, state/county/municipal employees, corporate/office employees, and employees working 4+ consecutive hours at a single location with 5 or fewer employees. No general meal law for other adult employees.

Longer shifts

Shifts of 4 to 6 consecutive hours: one 15-minute break instead of the 30-minute break. Shifts of 8 consecutive hours: additional 15-minute break for every additional 4 consecutive hours.

Paid or unpaid

Statute calls them 'nonworking shift breaks' and does not require pay (federal rule: breaks of 5-20 minutes must be paid; a 30-minute fully relieved break may be unpaid). A 'working shift break' (counted as work hours) is allowed if the work prevents relief or the employee may eat while working AND both agree in writing.

Waivers

If the employee's work hours do not exceed 6 consecutive hours, the 15-minute break may be waived by written agreement.

Exemptions

See coverage (CBA/policy with equal or greater breaks; FLSA-exempt; public employees; corporate/office workers; single location with 5 or fewer employees).

Source: Md. Code, Lab. & Empl. §3-710 (Healthy Retail Employee Act)

No general rest-break law. Retail employers covered by §3-710 must give a 15-minute nonworking break for 4 to 6 consecutive hours and an additional 15 minutes for every additional 4 consecutive hours on 8+ hour shifts (see adultMeal). Federal: short breaks given must be paid.

How many: Retail (50+ employees) only: under 4 consecutive hrs: none; 4-6 hrs: one 15-min break; more than 6 hrs: one 30-min break; 8+ consecutive hrs: 30-min break plus 15 min for every additional 4 consecutive hours.

A minor may not be employed or permitted to work 'more than 5 consecutive hours without a non-working period of at least 30 minutes' (applies to 14-15 and 16-17-year-olds).

Source: Md. Code, Lab. & Empl. §3-210 (per Maryland People's Law Library); Title 3, Subtitle 2

No state workplace lactation-break law for private employers; federal PUMP Act applies. (Maryland requires reasonable accommodation of pregnancy-related disabilities under its anti-discrimination law, but has no express pumping-break provision for private employers.)

Federal floor (PUMP Act): reasonable break time and a private space that isn't a bathroom for one year after birth, for nearly all employees; unpaid unless the employee isn't fully relieved of duty. Employers with fewer than 50 employees may be exempt only if compliance would cause undue hardship.

Source: None (29 U.S.C. 218d applies)

Healthy Retail Employee Act: after a complaint, the Commissioner may order compliance and assess a civil penalty of up to $300 per employee not in compliance, or up to $600 per employee for a repeat violation within 3 years (Lab. & Empl. §3-710(d)).

Under federal law, a “meal” break during which the employee keeps working is paid time — and can create unpaid overtime. Check the Maryland overtime rules.