How many breaks should be in 8 hour work day by law? Meal And Rest Breaks By State . Handy Reference Guide to the Fair Labor Standards Act Lunch and meal breaks are largely a function of state law, which means different states have different rules. Federal law, specifically the Fair Labor Standards Act, does not mandate that employees get breaks. Eight-hour day - … 4/ California law also exempts construction workers, commercial drivers, private security officers, and employees of utility companies if the employees are covered by a valid collective bargaining agreement which provides for the wages, hours of work, and working conditions of employees, and expressly provides for meal periods for those employees, final and binding arbitration of disputes concerning application of its meal period provisions, premium wage rates for all overtime hours worked, and a regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate. Federal labor laws relating specifically to work and meal breaks are found in the U.S. Department of Labor Fair Labor Standards Act. /*-->*/. Meal period is required where employees are not afforded necessary breaks and/or permitted to eat lunch while working. [CDATA[/* >