Rest Breaks at Work: What You Need to Know
Attorney advertisement by Edwin Aiwazian of Lawyers for Justice, PC, headquartered at 450 N Brand Blvd, Glendale, CA 91203
All California employees are entitled to one 30-minute meal break and two 10-minute rest breaks per 8-hour shift. Even though California has laws on meal periods and rest periods, some employers take advantage of their employees and do not give them adequate rest break periods. The unpaid wage attorneys at Lawyers for Justice, PC are incredibly skilled in fighting for California workers who have been abused and denied their legal meal breaks and rest breaks.
Because of our fast-paced society, sometimes workers neglect taking their deserved breaks. They might feel discouraged to do so by overachieving coworkers, intolerant higher-ups, or may just be extremely motivated to complete their entire workload during a full day of work. However, people need breaks – that’s why California labor law enacted rest break requirements. Employees who take breaks throughout the day can be more productive at work and can be less likely to suffer from burnout.
But no matter what factors are contributing to an employee neglecting to take meal breaks – even if they are self-imposed, it’s important to talk with an experienced unpaid wage attorney so employees know their legal rights.
California Break Laws
California break laws encompass regulations related to meal and rest breaks for employees. These laws are designed to ensure that employees receive adequate rest periods during their workday.
- Meal Breaks:
- Timing: Employees who work more than five hours in a workday are entitled to a 30-minute uninterrupted meal break. This break should generally be provided no later than the end of the employee’s fifth hour of work.
- Waiver: If the total workday is six hours or less, the meal break can be waived by mutual consent of the employer and employee.
- Second Meal Break: Employees working more than ten hours in a workday are entitled to a second 30-minute uninterrupted meal break, to be provided no later than the end of the employee’s tenth hour of work.
- Penalty for Missed Meal Breaks: If an employer fails to provide a required meal break, they may be subject to a penalty of one additional hour of pay at the employee’s regular rate for each workday that the meal break is not provided.
- Rest Breaks:
- Timing: According to rest break laws, employees are typically entitled to a 10-minute paid rest break for every four hours worked.
- Rest Breaks Per Workday: For an 8-hour shift, employees are generally entitled to two 10-minute rest breaks.
- Rest Breaks Timing: Rest breaks should be provided in the middle of each work period, if possible.
- Penalty for Missed Rest Breaks: If an employer fails to provide reasonable break time for a required rest break, they may be subject to a penalty of one hour of pay at the employee’s regular rate for each workday that the rest break is not provided.
- Exceptions and Industry-Specific Rules:
- Certain industries, such as healthcare, may have specific rules and exceptions regarding rest or meal breaks. It’s important for employers to be aware of and comply with industry-specific regulations.
Employers are generally required to make a good faith effort to provide employees with the opportunity to take meal and rest breaks. Employees should be relieved of all duties during their breaks, and breaks should be free from any employer control. Understanding and complying with California rest break laws are crucial for employers to ensure a healthy and lawful working environment. Employees should be aware of their rights and communicate with their employer if they believe their rest break periods are not being met.
California 10-Minute Break Laws
In California, the 10-minute break law refers to rest break requirements that mandate employers to provide employees with paid rest breaks during their workday.
- Timing of Rest Breaks:
- Employees are typically entitled to a 10-minute paid rest break for every four hours worked. In other words, employees are generally entitled to a rest break if they work at least three and a half hours but less than six hours.
- Frequency of Rest Breaks:
- For an 8-hour shift, rest break laws outline that employees are generally entitled to two 10-minute rest breaks. The timing of these rest breaks should be spaced reasonably throughout the work period, to the extent possible.
- Payment for Rest Breaks:
- Rest breaks are considered time worked, and employees must be paid for the time spent on rest breaks. Employers cannot deduct pay for the time taken for rest breaks.
- Relief from Duties:
- During rest breaks, employees must be paid, should be relieved of all duties, and should not be under the control of the employer. Rest breaks are intended to provide employees with a brief respite from work-related tasks.
- Penalties for Violations:
- If an employer fails to provide a required rest break, they may be subject to a penalty. The penalty is generally one hour of pay at the employee’s regular rate for each workday that a rest break is not provided.
- Exceptions and Industry-Specific Rules:
- Certain industries, such as healthcare or sometimes even the entertainment industry, may have specific rules and exceptions regarding rest breaks. It’s important for employers to be aware of and comply with industry-specific regulations.
Rest Breaks During the Pandemic:
During the COVID-19 pandemic, some employers pushed for their employees to work harder than ever before – and encouraged them to skip their earned breaks. Not only was it unlawful, but that style of management can breed contempt and dissatisfaction among workers, which could lead to more resignations. Unfortunately, our unpaid wage attorneys saw many cases like this during the pandemic. If this has happened to you, you are not alone.
California Rest Break Law – FAQ
do you get a 15-minute break for working 4 hours? California requires employers to provide employees with ten-minute rest breaks for every four hours (or major fraction) worked. Anything over two hours is a “major fraction” of a four-hour period.
how many breaks in an 8 hour shift? According to California meal and rest break law, non-exempt employees are entitled to one unpaid 30-minute meal break, and two paid 10-minute rest breaks, during a typical 8-hour shift.
how many breaks for 10 hour shift? If employees work OVER 10 hours, they are entitled to a third rest break. Rest breaks must be as close to the middle of each work period as possible.
what happens if i take my lunch after 5 hours in california? If a meal break is not taken within the first five hours of a shift, the employer is breaking the law and the worker is entitled to compensation at the rate of one hour of your regular rate of pay for each workday where the violation occurs.
am i required to take a lunch break? Employers can approve that their workers waive their lunch break during an employee’s shift if their work shift is six hours or less. Such a waiver must be mutually agreed upon by both the employer and the employee.
is it illegal to not give employees breaks? Not providing a meal and rest break is a violation of labor laws. For each workday that an employer fails to provide an employee a meal or rest break as required, they owe the employee one additional hour of pay at the employee’s regular rate of pay.
is it illegal to work 10 hours with no break? Yes, break laws were enacted so employees could take a meal period and rest breaks as outlined by California labor laws.
is it illegal to work 8 hours without a break? Yes, see above.
if i work 5 hours what is my break? If an employee works between 3.29 hours and 6 hours, they are entitled to one rest break.
do salary employees get lunch breaks? Exempt employees are entitled to meal breaks, but not rest breaks. Generally, there are three requirements for an employee to be classified as exempt: Salary must be at least twice the state minimum wage for full-time employment
what is the legal break for a 8 hour shift? Under California law, non-exempt employees are entitled to one unpaid 30-minute meal break, and two paid 10-minute rest breaks, during a typical 8-hour shift.
how many breaks in a 12 hour shift? California employees are entitled to 3 10-minute rest breaks in a 12 hour shift.
can i leave the premises on my 10-minute break? An employer cannot impose any restraints on the rest period requirement itself.
You Could Be Eligible for Compensation:
If you are an employee whose employer is not providing time to take your allotted rest breaks, you could be eligible for compensation. An employer who denies rest breaks to employees is violating the law.
Lawyers for Justice, PC can help you. Our unpaid wage attorneys fight to protect your rights and take back what’s rightfully yours.
Are you just one of a number of employees unpaid rest breaks affected in your workplace? If so, there could be a larger class action lawsuit to be explored. Call Lawyers for Justice, PC today at 818-265-1020 so our unpaid wage attorneys can evaluate your specific case and see if we can help.
Attorney advertisement by Edwin Aiwazian of Lawyers for Justice, PC, headquartered at 450 N Brand Blvd, Glendale, CA 91203