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.