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:

background-quote

My parents were heavily involved in community organizing. Seeing neighbors and friends’ parents struggle in the workplace gave me a sense of purpose that I wanted to help others. Many employees feel helpless and powerless in the workplace, and helping them vindicate their rights is the right thing to do.

- Jason Erlich

Client testimonials

Jason took the time to explain and guide me through the challenging process, and went the extra steps in consistently providing guidance and putting my concerns and questions high on their list.

Jeff V., Oakland

Jason Erlich made me feel like I was in the right place right away.I had some serious problems with a previous employer and he took care of everything. From the start he helped with my concerns and fears going up against a big corporation.

Susan W., Pacifica

With Jason’s expertise, commitment and aggressiveness, the case is now over and it’s only been 6 months!! I would HIGHLY recommend Jason Erlich to anyone that needs an employment lawyer.

Carla, Petaluma

I can highly recommend Jason Erlich Esq. for any employment law matter. He is an outstanding lawyer, embodies a mix of honesty, knowledge, client care and tough mindset.

Roger J., Oakland

When employees' legal rights are violated, we take time to explain their legal options, listen to their goals, and aggressively argue their case until we achieve the resolution they deserve.

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