Am I entitled to rest breaks?
Under California law, employers must provide non-exempt employees with 10-minute rest breaks for every four hours they work. This means an employee working a standard eight-hour day can take two rest breaks. If an employee works less than three-and-a-half hours in a workday, they are not eligible to take rest breaks.
Rest breaks are paid as they count as part of the hours worked. Workers can choose to skip a rest break if they feel it is not necessary. Employers are not required to allow employees to leave the workplace during a rest break.
Employers who fail to comply with state rest break laws may have to provide an additional hour of regular pay for each day on which a violation took place. Certain industries have exceptions to rest break requirements. If you are unsure about your rights regarding rest breaks, speak to an Erlich Law Firm employment lawyer.
Other Upaid Wage & Overtime FAQs:
- Am I entitled to rest breaks?
- Does my employer have to give me meal breaks?
- How much do you get paid for overtime in California?
- Is wage theft a crime in California?
- What should I do if my employer doesn’t pay me the overtime wages I am owed?
- When does my employer have to pay me my final wages upon termination or resignation?
- When must commissions be paid in California?