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

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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.

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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

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