Understanding California's Rest Break Laws And Your Rights

California labour laws outline the minimum break entitlements for workers, including the number and timing of breaks, and the penalties employers face for non-compliance.

In California, 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. Employees must take their meal break before the end of the fifth hour of work, and their 10-minute rest breaks for every four hours worked.

Meal breaks for shifts over five hours

In California, employees are entitled to a 30-minute meal break when working more than five hours in a day. This break must be off-duty and uninterrupted, and it must be provided no later than the end of the employee's fifth hour of work. The break can be unpaid only if the employer relieves the employee of all duties, relinquishes control over their activities, and permits them a reasonable opportunity to take the break without impeding or discouraging them from doing so.

Employees can agree with their employer to waive this meal break, provided they do not work more than six hours in the workday. If the workday is longer than six hours but does not exceed 12 hours, and the first meal break was not waived, a second 30-minute meal break must be provided no later than the end of the employee's tenth hour of work. This second meal break can also be waived by mutual consent of the employer and employee.

Employees are also entitled to a paid 10-minute rest break for every four hours worked. In an eight-hour workday, one rest break should normally be provided before the meal break and the other after it. However, this is just a general rule, and practical considerations may warrant a departure from this schedule.

Additional meal breaks for shifts over 10 hours

In California, employees working shifts of more than 10 hours are entitled to a second 30-minute meal break. This break must be provided no later than the end of the employee's tenth hour of work.

An employee can waive their right to a second meal break only if the following conditions are met:

• The total hours worked on that workday do not exceed 12.
• There is mutual consent between the employee and the employer.
• The employee did not waive their first meal break.

Employees can take on-duty meal breaks only in certain circumstances, such as when the nature of the work prevents them from being relieved of all duties. In such cases, the on-duty meal break must be agreed upon in writing and can be revoked by the employee at any time.

Employers should be cautious about deviating from the requirement to provide meal breaks and should consult legal counsel if practical considerations unique to their industry warrant a departure from the general rule.

Rest breaks for shifts over 3.5 hours

In California, employees who work shifts of over 3.5 hours are entitled to a 10-minute rest break. This break must be paid and uninterrupted, and the employee must be relieved of all duties. The break should be taken in the middle of the work period, although this is not always practicable. If an employer fails to provide this break, they are required to pay the employee one additional hour of pay at their regular rate for each workday that the rest period is not provided.

Rest breaks are counted as hours worked and must be paid. Employees who work over 3.5 hours in a day are entitled to one rest break. If an employee works over 6 hours, they are entitled to a second rest break, and if they work over 10 hours, they are entitled to a third.

Employers must provide \"suitable resting facilities\" in an area separate from the bathroom. Employees cannot be required to remain on the work premises during their rest breaks, nor can they be required to stay in radio communication.

Rest break requirements

In California, 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. Employees must take their off-duty meal breaks before the end of the fifth hour of work. They must receive 10-minute off-duty rest breaks for every four hours worked (or a 'major fraction' of four hours), and these rest breaks should be taken in the middle of a work period "insofar as practicable".

Rest breaks must be ten consecutive, uninterrupted minutes. During the break, an employee must be relieved of all duties, and the employer must provide ""suitable resting facilities" in an area separate from the bathroom. Rest breaks are paid breaks.

Employees may skip rest breaks, but employers cannot pressure or encourage them to do so.

If an employer fails to provide an employee with a rest break, the employee is entitled to one additional hour of pay at their regular rate for each workday that the rest break is not provided.

Exemptions for certain industries

California's meal and rest break requirements are stringent, and employers must do everything possible to communicate the legal requirements to their employees. While the state's break laws are generous to employees, there are exemptions for certain industries.

Exempt employees are entitled to meal breaks but not rest breaks. To be classified as exempt, employees must meet three requirements:

• Salary must be at least twice the state minimum wage for full-time employment.
• Primary duties must be administrative, executive, or professional tasks.
• Duties must involve the employee's use of discretion and independent judgment.

Additionally, California has exemptions for various industries concerning meal and rest break requirements. These industries include:

• Healthcare
• Construction
• Commercial drivers
• Union employees
• Public agencies
• Motion picture industry
• Publicly-owned electric utilities
• Security officers

These exemptions are complicated, and it is best to consult an experienced employment attorney to understand your rights.

Frequently asked questions