Understanding California’s Break Laws

In California, non-exempt workers must receive the following breaks: An uninterrupted 30-minute unpaid meal break when working more than five hours in a day. If you work at least 3.5 hours in a day, you are entitled to one rest break. If you work over 6 hours, you are entitled to a second rest break.

Under break California laws, employers must give their non-exempt employees one unpaid thirty-minute meal break, and two paid 10-minute rest breaks, during a typical eight-hour work day. A paid 10-minute rest period for every four hours worked. An employer cannot employ a worker for more than five hours without providing an unpaid, off-duty meal break of at least 30 minutes. The first meal period must be provided no later than the end of the employee’s fifth hour of work.

What are the rest break laws in California?

Whenever possible, nonexempt workers in California are required by law to take a mid-shift break, as outlined in the Industrial Welfare Commission Wage Orders. A minimum of ten minutes of rest is required for every 4-hour work period, or significant portion thereof, and this rest period depends on the amount of time worked daily.

A “significant fraction” of four hours is defined by the Division of Labor Standards Enforcement (DLSE) as anything beyond two hours. Employees whose workdays are less than 3.5 hours do not need to take a break. Because the rest hour is considered work time, the employer is responsible for paying for it.

There is an exception to the general rule regarding rest periods for some employees working in 24-hour domestic care facilities. These employees may, under specific conditions, have their time for rest reduced. Performers that engage in intensive physical activities, such as swimmers, dancers, or skateboarders, are exempt from the standard rest period requirement but are still required to take additional temporary breaks during rehearsals or filming.

In order to keep operations running smoothly and without interruptions, employers in the construction, logging, drilling, and mining industries may choose to stagger their workers’ rest periods or schedule them to overlap with breaks in the workday.

Furthermore, there are certain situations in which these workers do not require authorization for rest intervals, such as when the interruption of continual operations would put the work’s process or product at risk. But if that happens, the boss has to either let the worker catch up within the same day of work or pay them extra for the 10 minutes they didn’t get to relax during that period.

The law specifies that employees are required to take their breaks in areas authorized by their employers, which may or may not include their immediate work area. For details on how to request that your employer give you time and a space to express milk, keep reading.

Example

A crew member working on a commercial passenger fishing vessel that takes passengers out for the night is required by IWC Order 10-2001, Section12(C) to have at least 8 hours off duty per day. The eight hours do not include the lunch and rest breaks mandated by the Wage Order.

In accordance with Labor Code Section 1030, no company, including the state and any local subdivision, is exempt from the requirement to grant an employee an appropriate amount of rest time whenever the employee needs to pump breast milk for their infant child. Whenever feasible, the break time should coincide with the employee’s existing break hour. Wage orders issued by the Industrial Welfare Commission do not require payment of break time if it does not occur at the same time as the employee’s allotted rest time.

In accordance with Labor Code Section 1033, if an employee is denied a break or sufficient room to express milk, they have the right to file a wage claim. This will allow them to collect one hour of pay at their usual rate for each infringement. In addition, if an employee feels that their employer is not providing them with sufficient space or reasonable breaks to express milk, they can file a complaint with the Bureau of Field Enforcement (BOFE) of the Labor Commissioner. Following an investigation or inspection, BOFE can fine the business for $100 per day for such violations.

Employers are obligated to give their employees an extra hour at their regular rate of pay for every weekday that the rest break is not provided. So, if a company doesn’t give their workers all the breaks they need in a day, they should get an extra hour’s compensation for the whole workday, not just for the breaks that weren’t there.

A “net” 10-minute rest break is one in which the employee is considered to have arrived at a suitable location for resting away from the workplace. Employers must ensure that their employees have access to appropriate rest areas, which should be located in a separate area from the restrooms, during working hours.

In California, what are the most fundamental laws regarding breaks?

The Industrial Welfare Commission Wage Orders require employers in California to provide their employees with a ten-minute paid rest interval for every 4 hours of work, or a significant portion thereof. To the extent that it is feasible, the break should occur midway through the work period. The company is required to pay the worker one hour of their usual rate of pay for every workday without a rest interval if the employer does not grant or permit one.

Is it necessary for the breaks to always occur halfway through each 4-hour shift?

Every worker is required to take a brief break around halfway through each four-hour shift. If the nature or conditions of the job mean that the employer can’t give the break at the chosen time, the worker must still get the break, but they can take it at a different time during the workday.

I am unable to take a break since my company prohibits it. What am I to do? Is this situation beyond my control?

If you are a worker who is required to take a rest period per the wage orders issued by the Industrial Welfare Commission, there is a solution. In the event that your employer does not grant you the necessary rest period(s), you are entitled to one hour of your usual rate of pay for every workday in which this violation occurs. You can go to the DLSE and submit a wage claim if your employer doesn’t pay the extra hour.

Is it okay to work through each of my breaks in order to leave work twenty minutes early?

No, you are not allowed to leave early or show up late to work just because you work through your rest break.

Can my boss make me stay at the workplace during my break time?

No, your boss has no right to put limitations on you beyond what is required under the rest period. The California Supreme Court ruled in the case of Augustus v. ABM Security Services, Inc. (2016) that employers are obligated to allow and authorize workers to take off-duty rest times per the regulations. In other words, when workers need a break, their bosses shouldn’t be micromanaging their every move. But in reality, if a worker is given a 10-minute break, they can only go a maximum of five minutes away from their workstation before they need to return for their break.

Can your boss make you stay in radio contact during a break?

No, the Augustus court also ruled that on-call breaks are illegal. According to the Augustus case, one cannot reconcile the habit of requiring workers to be on alert and always connected to certain places or gadgets with the need to release them from all responsibilities and control by their employers for ten minutes of rest. Different criteria and factors apply to other forms of on-call work, including on-call shifts and on-call meal intervals; this court’s decision only applies to rest period on-call time.

As a smoker, am I allowed to take more breaks?

No, it’s not necessary to authorize more than one 10-minute break for every 4 hours of work or significant portion thereof in California; the law bases break time on the total number of hours worked daily.

Does the use of the restroom during work hours constitute my 10-minute rest break?

No, the Industrial Welfare Commission stipulates that appropriate resting facilities must be located apart from toilet rooms. This means that the 10-minute rest break is not meant to be used solely for using the restroom.

Workers’ breaks for bathroom breaks should not be considered part of the rest period, as stated explicitly by the Industrial Welfare Commission. Looking at IWC Orders Section 12 and Section 13(B) together leads to this conclusion: appropriate resting places shall be offered in an area apart from the restroom and will be accessible to staff members during work hours.

Encouraging workers to use restrooms while on the clock does not fulfill the employer’s duty to provide break times as stipulated in the IWC Orders. Of course, this doesn’t mean that employers can’t reasonably restrict how much time workers spend away from their desks. Similarly, it doesn’t mean that employees can waste time in the restroom during their allotted break time. It is against DLSE policy for employers to insist that employees use the restroom independently during their rest periods.

My typical job schedule calls for an 8-hour shift. If my boss won’t let me take a break, what am I to do?

If your employer fails to provide you with a rest period for each workday, you have two options: either submit a wage claim to the Labor Commissioner’s Office or sue them in court to get the premium amount, which is one extra hour of pay at your usual rate of pay.

What am I to do if my boss refuses to let me take a break to breastfeed?

You can seek one hour of pay for every violation of Labor Code section 1030 if you believe your boss is not giving you enough break time and/or a location to pump milk. You can do this by filing a wage claim in accordance with Labor Code section 226.7.

Additional reporting and claim filing options are available at the DLSE Bureau of Field Enforcement (BOFE) location that is geographically closest to your place of work.

After an inspection, the DLSE can issue a civil citation to a company that violates any part of this law. The citation can be challenged following the procedure outlined in Labor Code Section 1197.1 (Labor Code Section 1033), and the fine can be $100 for every day a worker fails to receive reasonable breaks or enough space to express milk.

Furthermore, it is possible to file a retaliation claim with the DLSE under Labor Code Section 98.7 if an employee experiences retaliation for exercising or seeking to exercise their right to breastfeeding accommodation, or for reporting to the DLSE that an employer has failed to offer this accommodation.

What is the relevant time restriction for submitting a claim for a rest period?

The remedy for breach of rest and meal break policies, as outlined in Labor Code section 226.7, is a wage that is subject to a 3-year statute of limitations, according to the California Supreme Court’s decision in Murphy v. Cole. Thus, the allotted time for filing a claim is three years from the date of the purported breach of the rest period.

After submitting a wage claim, what steps are taken?

A Deputy Labor Commissioner will evaluate your claim and the material given to them before deciding how to proceed once you file it with a local DLSE office. The first step in handling the claim is to decide whether to reject it, refer it to a hearing or conference, or both.

If a conference is decided upon, the parties will be sent a letter with the conference’s location, time, and date. The goal of the conference is to establish whether the claim has merit and to brainstorm potential alternatives to a hearing. Following a failed conference, the claim is often either dismissed due to a lack of evidence or referred to a hearing.

All participants and witnesses are required to testify under oath during the hearing, which is also video recorded. The Labor Commissioner will serve the parties with an ODA (Order, Decision, or Award) following the hearing.

A competent civil court may hear an appeal from either party against the ODA. Once the court sets a trial date, all sides will have a chance to submit their case and witnesses. The court’s ruling will not be based on the testimony and evidence offered at the hearing before the Labor Commissioner. If an employer decides to appeal, DLSE may step in and represent a worker who can’t afford legal representation.

What are my options if the employer refuses to pay or challenge the award or decision, even though I win the hearing?

The DLSE will ask the court to enter the Order, Decision, or Award (ODA) as a judgment against the business if the ODA is in favor of the employee, there is no appeal, and the company fails to pay the ODA. This monetary judgment is binding and enforceable in the same way as any other court-entered judgment. Since this is the case, you have the option of trying to collect the judgment on your own or giving it to DLSE.

What recourse do I have in the event that my boss takes revenge on me for voicing my disapproval of his lack of rest breaks?

You have the right to file a discrimination or retaliation complaint with the Labor Commissioner’s Office if you experience any form of harassment, bullying, or physical or verbal abuse at the hands of your employer. This includes situations where your employer fires you for voicing your disapproval of his lack of rest breaks or when you make a claim or threaten to make a claim to the Labor Commissioner. Another option is to take legal action by suing your employer.

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