California 10 Minute Rest Break Laws

Employment law in California requires a 10-minute break per every four hours of work for every non-exempt employee. The employer must pay the employee for the 10-minute break, and they must not attempt to control the employee or give them work during that break. If the employee voluntarily chooses to skip their break, the employer must give them a penalty rate of an hour of premium pay for the missed break.

How Many Rest Breaks Do Non-Exempt Employees Get in California?

Rest breaks are calculated based on the length of the shift. Employment laws state that non-exempt employees get a ten-minute break per every four hour period of work. It also includes any major fraction of four hours, so rest breaks would be as follows:

• A shift of fewer than 3.5 hours – no break
• A shift of 3.5 – 6 hours – one 10 minute break
• A shift of 6-10 hours, 2 x 10-minute breaks
• A shift of 10 – 14 hours, 3 x 10-minute breaks

A lot of employers do fail to give their employees the legally required 10-minute rest breaks, whether intentionally or unintentionally. Therefore, we recommend all California employees know the laws surrounding 10-minute rest breaks so they can determine if they are eligible for them or not. If an employer forces their employee to skip a rest break, then they owe the employee an hour of premium pay.

What Is a Rest Break?

A rest break or rest period has the following stipulations:

• The rest break is uninterrupted, i.e. 10 consecutive minutes rather than two lots of 5-minute breaks.
• The break is paid
• The employees have access to a rest area where they can spend their break, other than restroom/toilet facilities.
• Employees are given the opportunity to opt-out of their breaks (not forced into it)
• The break should ideally take place mid-way through the hours it is for.

The employer will be liable for skipped rest breaks if the rest break does not meet all of the above conditions.

Should I Speak to a Lawyer For Suspected Rest Break Violations?

If the employer does not provide the rest breaks, then they must provide penalty pay in the form of an hour of premium pay for each 10-minute rest break missed.

A lot of employees will see this as an amount that is not worth pursuing, but if an hour’s premium pay per day will add up significantly if the employer has committed rest break violations for months.

California Rest Break Attorneys

If you believe your employer has violated rest break requirements in any way, contact our California employment lawyers to discuss your concerns. We will be able to tell you if you have a case or not. Speak to us if:

• Your employer does not pay you for your 10 minute rest break
• Your employer tries to force you to work through your rest breaks
• Your employer does not pay you extra when they do not allow you to take a rest break.