Time Off Between Shifts

If you’ve ever finished a late-night shift only to be scheduled for an early-morning start, you’ve probably wondered: “Am I entitled to a certain amount of time off between shifts?” It’s a common question, especially for employees working long or unpredictable hours.

In California, there isn’t a universal law that guarantees a set number of hours off between shifts for all workers. However, there are important protections in place, like required meal and rest breaks, overtime pay, and industry-specific rules that safeguard employees from unsafe or unfair scheduling.

Understanding how these laws apply to your situation can help you spot potential violations and take action if your employer is breaking the rules. Here’s what every California worker should know about time off between shifts.

California Break Laws for an 8-Hour Shift

California break laws for an 8-hour shift primarily focus on hours worked & meal breaks, and rest breaks. These laws are outlined in the Industrial Welfare Commission (IWC) Wage Orders and the California Labor Code. Here are the key provisions related to breaks for an 8-hour shift:

Meal Breaks

For an 8-hour workday, employees in California are generally entitled to a 30-minute uninterrupted meal break. This meal break must be provided no later than the end of the employee’s fifth hour of work. If the total workday is six hours or less, the meal break can be waived by mutual consent of the employer and employee.

According to California law, ff the workday extends beyond 10 hours, employees are entitled to a second 30-minute meal break, to be provided no later than the end of the employee’s tenth hour of work. If the 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

Employees in California are generally entitled to 10-minute rest breaks for every four hours of work. For an 8-hour shift, employees are entitled to two 10-minute rest breaks. These short breaks should be taken in the middle of each work period, if possible. These breaks are considered time worked and must be paid.

If an employer fails to provide a required period of rest, 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

Some industries, such as healthcare, may have specific rules and exceptions regarding meal and rest breaks. Other exceptions could include administrative, professional, and administrative staff, attorneys, and more.

Call an experienced employment lawyer today