In California, non-exempt employees are entitled to both rest breaks and meal periods. Today, we would like to focus specifically on providing essential information about rest breaks.
A rest break is defined as a 10-minute period during which an employee is relieved of all duties and allowed to rest without interruption. Rest breaks are considered compensable time and must be included in the calculation of hours worked. California law recommends that employers provide rest breaks as close to the middle of the work period as practicable. Additionally, employers must provide a designated rest area (excluding restrooms) where employees can take their breaks.
The frequency and entitlement to rest breaks vary depending on the total hours worked in a day. Generally, employees are entitled to a 10-minute paid rest break for every four hours worked. For example, an employee working eight hours is entitled to two 10-minute breaks. However, employees who work fewer than 3.5 hours in a day are not legally entitled to a rest break.
In some situations, the calculation may become more complex. For instance, if an employee such as Mr. Jang works 6.5 hours a day, this does not divide evenly into four-hour segments. In such cases, the employee is entitled to one 10-minute break for the first four hours, plus an additional 10-minute break for the remaining 2.5 hours. This is because California law considers any work period exceeding two hours as a full four-hour block, thus requiring another rest break.
To summarize:
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Working less than 3.5 hours per day → No rest break required.
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Working 3.5 hours or more per day → One 10-minute rest break.
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Working more than 6 hours per day → Two 10-minute rest breaks (total of 20 minutes).
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Working more than 10 hours per day → Three 10-minute rest breaks (total of 30 minutes).
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During rest breaks, employers must not require employees to remain on the premises or be on-call. More details on employer obligations during rest periods are discussed in Part 3 of our overtime series. If an employee voluntarily chooses not to take a rest break, they may do so. However, employers must not pressure or coerce employees into skipping their breaks.
If an employer fails to provide a rest break and the employee did not voluntarily waive it, the employer is required to pay one additional hour of the employee’s regular rate of pay for each workday the rest break was not provided. This information serves as an opportunity for employees to reflect on whether their right to rest has been denied and whether they may be entitled to compensation for missed rest breaks.
JUSTICE FOR WORKERS, P.C. is a law firm dedicated exclusively to representing plaintiffs, that is, workers, in matters related to labor law and workplace injuries. For a free consultation, please contact us at (323) 922-2000. We have offices located in both Los Angeles and Orange County. If we take on your case, you will not be required to pay us anything unless and until we secure compensation on your behalf.
