What Are the Rules for 10-Minute Breaks?

California law mandates two paid 10-minute breaks and a 30-minute unpaid meal break for an eight-hour shift. Employers who fail to provide required breaks may face penalties, and employees can seek legal action for compensation.

By Brad Nakase, Attorney

Email | Call (800) 484-4610

Have a quick question? We answered nearly 2000 FAQs.

Table of Contents

1. What breaks can you take at work?

2. Break Laws in California

3. When Should Workers Take a Break?

4. Exceptions and Industry-Dependent Standards

5. Ten-Minute Break Requirements in California

6. FAQs

7. Contact an Employment Lawyer for Compensation

What breaks can you take at work?

For every eight-hour shift, every worker in the state of California is entitled to one meal break lasting thirty minutes and two rest breaks lasting ten minutes each. Some businesses take advantage of their workers by not providing them with sufficient rest breaks, despite the fact that California has laws regarding meal and rest periods.

Workers sometimes fail to take their well-deserved breaks due to the fast-paced nature of our society. They may feel intimidated by coworkers who do too much, strict bosses, or they might just really want to finish all their work in one day. But breaks are necessary, which is why California law requires them. Workers are less likely to experience burnout and more likely to be productive when they take frequent breaks throughout the day.

Employees should consult an experienced unpaid wage attorney to learn about their legal rights in the event that they are unable to take meal breaks, regardless of the circumstances surrounding the failure to do so.

Break Laws in California

The California Break Laws cover all the bases when it comes to workers’ meal and rest breaks. The purpose of these regulations is to guarantee that workers get enough breaks throughout the workday.

Those workers whose shifts last longer than five hours each day are eligible for a 30-minute lunch break. It is standard practice to give this break to employees no later than their fifth hour on the job. Employer and employee can agree to forego the meal break if the workday is six hours or shorter.

Workers who put in more than ten hours are entitled to a second 30-minute meal break that can’t be interrupted. This second break must be given before the worker’s tenth hour of work ends.

Employees have the right to a meal break, and if their employers do not give them one, they can be fined one hour of their regular rate of pay for every day that the break is not provided.

When Should Workers Take a Break?

Most states have laws that guarantee workers at least one 10-minute paid break for every four hours they put in. The standard policy for a full eight-hour workday is two 10-minute breaks for employees.

If at all possible, workers should take a short break halfway through each work period. If an employer does not give their employees enough time off to rest during their workday, they might have to pay an extra hour’s worth of pay at their regular rate for every day that the employee doesn’t get their recommended break.

Exceptions and Industry-Dependent Standards

Some fields, like healthcare, may have more stringent regulations and exceptions when it comes to breaks for eating or resting. Businesses should be aware of and follow any rules that are unique to their sector.

In most cases, businesses must at least try to accommodate workers’ needs for meal and rest breaks. When workers are on break, they should not be expected to do anything, and their breaks should not be dictated by their employers. Employers in California must be well-versed in and adhere to rest break laws in order to maintain a safe and legal workplace for their employees. Workers should know their rights and speak out if they feel their employers are ignoring their requests for rest breaks.

Ten-Minute Break Requirements in California

A California law known as the “10-minute break law” requires businesses to give their workers paid breaks throughout the workday.

Workers usually get a 10-minute paid break for every four hours they put in. In other words, workers typically get a break if their shifts are between 3.5 and 6 hours long.

The legislation governing rest breaks specifies that workers are typically entitled to two 10-minute breaks per eight-hour shift. Ideally, these breaks would be spread out fairly evenly throughout the workday.

The time that employees spend on rest breaks is a legitimate business expense since it is considered work time. It is illegal for employers to withhold wages for employees’ rest breaks.

Workers should be compensated, freed from all responsibilities, and not subject to management during rest breaks. Workers should be able to take a short break from their duties during rest breaks.

Employers may face fines for violations if they do not give their employees the mandatory rest breaks. The standard penalty for each day of work without a rest break is one hour of the employee’s regular rate of pay.

Certain industries, such as the healthcare industry and even the entertainment industry on occasion, may have particular rules and exceptions concerning rest breaks. These exceptions and rules may vary from industry to industry. Businesses should be aware of and follow any rules that are unique to their sector.

Some companies encouraged their workers to forego their paid breaks in the midst of the COVID-19 pandemic, pushing them to work harder than ever before. Not only was it illegal, but that kind of management is known to make employees unhappy and even more likely to resign. Sadly, there were numerous such cases throughout the pandemic. If you have experienced this, know that you are not the only one.

FAQs

1. Are employees in California required to take a fifteen-minute break after every four hours of work?

For every four hours (or significant fraction) worked, California law mandates that employers give ten-minute breaks to their employees. Durations greater than two hours are considered a “major fraction” of a four-hour block.

2. How many breaks are taken during an 8-hour shift?

One standard eight-hour shift in California is required to provide non-exempt workers with one 30-minute unpaid meal break and two 10-minute paid rest breaks.

3. How many breaks are there for a shift that lasts ten hours?

Workers are eligible for a third break if they put in more than ten hours. You should aim to take your breaks right around midway through each work period.

4. What happens if I have lunch after 5 hours of work in California?

Employers are in violation of law if they do not provide their employees with a meal break during the first five hours of each shift. In such cases, employees have the right to compensation equal to one hour of their regular rate of pay for each workday in which the violation happens.

5. Do I have to take a break for lunch?

For shifts of six hours or less, employers have the option to waive lunch breaks for their employees. The employer and employee must reach a mutual agreement in order for this waiver to be valid.

6. Can you legally refuse to provide breaks to your employees?

It is a violation of labor laws to not provide a meal and rest break. The employer is liable to pay the employee an extra hour at their regular rate of pay for every workday in which they do not give a meal or rest break as required.

7. Is it against the law to work for 10 hours without a break?

According to California labor laws, employees were required to take breaks for meals and rest.

8. When do I get a break if I work five hours?

A worker is eligible for one break if their shift length is between 3.29 and 6 hours.

9. Do workers who receive a salary have lunch breaks?

Meal breaks are mandatory for exempt employees, but rest breaks are not. In most cases, for an employee to be considered exempt, their salary needs to be at least double the state minimum wage.

10. Which breaks are required by law for an eight-hour workday?

During an 8-hour workday, non-exempt workers in California are entitled to one 30-minute meal break that is not paid, and two 10-minute rest breaks that are paid.

11. Does a 12-hour shift include breaks?

For every twelve hours worked, California law mandates that employees get three 10-minute breaks.

12. Am I allowed to leave the premises during my 10-minute break?

Employers are not allowed to restrict the rest period requirement in any way.

Contact an Employment Lawyer for Compensation

If your employer is not allowing you to take your required breaks, you may be able to get compensation for this violation. It is illegal for employers to refuse their employees rest breaks. Nakase Wade is here to assist you. Our unpaid wage lawyers work to defend your rights and help you get what you deserve.

Have a quick question? We answered nearly 2000 FAQs.

See all blogs: Business | Corporate | Employment

Most recent blogs:

No Tax on Overtime in California: 2025 Policy Updates, Exemption Timeline, and What Workers Should Expect

California may introduce a 2025 overtime tax exemption, but no confirmed start date or final state legislation exists yet. Workers and employers await Sacramento’s decision on removing state taxes from overtime earnings under the proposed changes.

Minimum Wage in California 2025: State and City Rates Explained

The minimum wage in California will rise to $16.50 per hour in 2025, with some local rates set even higher. Employers must follow state, city, and industry-specific wage regulations carefully to remain compliant and avoid penalties.

California Fast Food Minimum Wage 2025: Statewide and Local Updates

The California fast food minimum wage will rise to $20 per hour in April 2025, affecting many workers statewide. Local minimum wage rates also vary across California cities, with some surpassing the new state baseline.

How old do you have to be to work? Age limits explained

Minimum age requirements for work depend on federal, state, and job-specific rules that focus on young workers' safety and rights. Teens can start working at 14, but restrictions remain in place until 18, depending on the specific type of job.

Workplace Culture and Hostile Work Environments in California: Your Rights and Legal Options

Employees facing hostile workplaces in California have legal protections to address harassment, discrimination, and toxic work environments. Protect your rights, report misconduct, and pursue action through California's Civil Rights Department or with legal support.

What Is a Pay Stub and Why It Matters for Employees and Employers

Pay stubs detail wages, deductions, and taxes, helping employees track earnings and employers comply with state payroll regulations. They support loan applications, reduce payroll disputes, and are required or regulated in many states across the U.S.

What Are the Proper Steps to Fire Someone in California?

Terminating an employee in California requires following legal guidelines, maintaining professionalism, and ensuring proper documentation. This guide outlines lawful termination reasons, key procedural steps, and best practices to reduce legal and financial risks.

How Long Does a Misdemeanor Stay on Your Record in California?

A misdemeanor conviction in California stays on public record indefinitely but may be eligible for expungement under specific conditions. Background checks typically show misdemeanor convictions for seven years, but expungement can remove them from most employment screenings.

How Do I Prepare a Script for Firing Someone?

Learn the professional steps for firing an employee, from preparing a script to handling emotional reactions. Understand the proper procedures, reasons, and communication techniques to ensure a smooth and respectful termination.

What Is Involved in a PAGA Lawsuit?

PAGA lawsuits allow employees to file claims for labor code violations on behalf of themselves and others in California. Employers can face significant penalties, prompting many to settle to avoid costly judgments.

What Are the Rules for 10-Minute Breaks?

Can I Work Six Hours Without a Lunch Break?

California law requires a 30-minute meal break for shifts over five hours, but employees can waive it if working exactly six hours. Employers must comply with strict labor laws, ensuring uninterrupted meal breaks and legal protections for workers.

What Can I Do If My Employer Didn’t Pay Me on Payday?

Employers in California must pay workers on time, or they may face penalties of up to 30 days' wages for delays. Employees can file wage claims, seek legal assistance, or report violations to the California Labor Commissioner's Office for unpaid wages.

What Qualifies as a Hostile Work Environment in California?

Employees in California facing severe or persistent harassment based on protected traits may have legal options under state and federal laws. Filing a complaint with the California Civil Rights Department or consulting an employment attorney can help protect workplace rights and seek compensation.

When Is a Doctor’s Note for Work Required in California?

California employers generally cannot demand a doctor's note for sick leave, but exceptions exist under specific laws and circumstances. Legal conflicts persist, and employers may require medical documentation for disability accommodations, FMLA leave, or other valid reasons.

What Does California Law Say About Final Paycheck Rules?

California law mandates that final paychecks be provided promptly, with termination pay due immediately and resignation pay within 72 hours. Employers must include all owed wages, expenses, and accrued benefits, with penalties for late or incomplete payments.

Can an Employer Deny a Doctor’s Note?

An employer may deny a doctor's note if the absence does not qualify for legal protections under disability or family leave laws. Employers must evaluate medical documentation, employee statements, and applicable laws before considering disciplinary action.

How Much Can You Sue an Employer for Misclassification?

An employer's misclassification tactics can deny you fair wages, benefits, and legal protections. You may be entitled to compensation, including back pay, retirement contributions, and potential punitive damages, by pursuing legal action.

How Serious Is an EEOC Complaint?

An EEOC complaint can lead to costly legal battles, reputational damage, and mandatory policy changes for businesses. Employers may face financial penalties, investigations, and compliance requirements, impacting operations and workforce morale.

Do You Have Sample Letters for Termination of a Contract?

A contract termination letter formally ends a business agreement while protecting interests. This guide outlines key steps, considerations, and sample letters.

What Is a WARN Notice in California?

The California WARN Act requires businesses with 75 or more employees to provide 60 days' notice before mass layoffs, plant closures, or relocations. Noncompliance can lead to fines, back pay, and healthcare costs, making adherence essential for legal and financial stability.

What Is FICA and How Does It Impact Payroll Taxes?

FICA is a payroll tax that funds Social Security and Medicare, requiring contributions from both employers and employees. Employers must withhold, match, and submit FICA taxes while following IRS guidelines on deposit schedules, wage bases, and additional Medicare tax requirements.

What Is At-Will Employment and How Does It Impact Employee Rights?

At-will employment allows employers and employees to end their working relationship at any time without cause, impacting job security and flexibility. While it provides businesses with staffing flexibility, employees face fewer legal protections and potential job instability.

Employers Should Exercise Caution When Terminating Employees After Disability Leave

Employers should exercise great caution when considering whether to terminate an employee who is on leave. Employers are cautioned not to automatically terminate employment solely because an employee has used or exhausted their disability leave entitlement.

What Is FUTA? 2025 Rates and How to Calculate FUTA Tax

The Federal Unemployment Tax Act (FUTA) imposes a payroll tax on businesses that have employees, collecting revenue that funds unemployment benefits.

What Is the Difference Between a 1099 Contractor and an Employee?

A 1099 contractor operates independently, covering their own taxes and expenses, while a W-2 employee receives benefits and employer tax contributions. Misclassifying workers can result in fines, making it essential to assess control, financial arrangement, and job nature before classification.

How Do Contractors Typically Get Paid? Payment Methods and Legal Guidelines

Contractors receive payments through direct deposits, checks, payroll services, or online transfers, following legal and tax regulations. Proper classification, documented agreements, and compliance with IRS reporting ensure smooth transactions and avoid penalties.

What Is the Definition of a Non-Exempt Employee

338

What Are the Rules for 10-Minute Breaks?

What breaks can you take at work?

Break Laws in California

When Should Workers Take a Break?

Exceptions and Industry-Dependent Standards

Ten-Minute Break Requirements in California

FAQs

Contact an Employment Lawyer for Compensation

No Tax on Overtime in California: 2025 Policy Updates, Exemption Timeline, and What Workers Should Expect

Minimum Wage in California 2025: State and City Rates Explained

California Fast Food Minimum Wage 2025: Statewide and Local Updates

How old do you have to be to work? Age limits explained

Workplace Culture and Hostile Work Environments in California: Your Rights and Legal Options

What Is a Pay Stub and Why It Matters for Employees and Employers

What Are the Proper Steps to Fire Someone in California?

How Long Does a Misdemeanor Stay on Your Record in California?

How Do I Prepare a Script for Firing Someone?

What Is Involved in a PAGA Lawsuit?

What Are the Rules for 10-Minute Breaks?

Can I Work Six Hours Without a Lunch Break?

What Can I Do If My Employer Didn’t Pay Me on Payday?

What Qualifies as a Hostile Work Environment in California?

When Is a Doctor’s Note for Work Required in California?

What Does California Law Say About Final Paycheck Rules?

Can an Employer Deny a Doctor’s Note?

How Much Can You Sue an Employer for Misclassification?

How Serious Is an EEOC Complaint?

Do You Have Sample Letters for Termination of a Contract?

What Is a WARN Notice in California?

What Is FICA and How Does It Impact Payroll Taxes?

What Is At-Will Employment and How Does It Impact Employee Rights?

Employers Should Exercise Caution When Terminating Employees After Disability Leave

What Is FUTA? 2025 Rates and How to Calculate FUTA Tax

What Is the Difference Between a 1099 Contractor and an Employee?

How Do Contractors Typically Get Paid? Payment Methods and Legal Guidelines

What Is the Definition of a Non-Exempt Employee?

Can Union Representatives Be Present at Disciplinary Meetings?

What Is an FTE (Full-Time Equivalent)?

Free Consultation