Many California workers have the right to take paid rest breaks during their workday, but employers may fail to provide the opportunity or consider on-duty time as a rest break. And if your employer isn’t providing proper rest breaks, you may be entitled to additional compensation.
What California Law Requires for Rest Breaks
California law requires employers to authorize and permit most non-exempt employees to take paid rest periods. The basic rule is straightforward: you’re entitled to a 10-minute paid rest break for every four hours worked “or major fraction thereof.”
These rest periods count as time worked, meaning you must be paid for this time, and they should be taken in the middle of each work period when practicable.
Which Workers Are Covered?
Most non-exempt California employees are entitled to rest breaks. While the requirements are similar across most industries, certain executives, administrators, and professionals may be exempt from these provisions.
Common Rest Break Violations
Your employer might be violating your rest break rights if they:
- Don’t permit you to take rest breaks at all
- Discourage you from taking breaks through policies, comments, or directions
- Require you to remain on-premise during your break
- Requiring you to remain on-call and available during your break
Notably, preventing employees from leaving the premises during rest breaks can be a violation. In fact, you are expected to be subject to your employers control during your rest break, or otherwise a so-called on-duty rest break, it is probably not a valid rest break.
What You’re Entitled to If Your Rights Are Violated
If your employer fails to provide a compliant rest period, they owe you a premium payment equal to one hour of pay at your regular rate of compensation for each workday that less than all compliant rest periods required for the amount of time worked is provided. This is in addition to being paid for all time worked.
Taking Action If Your Rest Break Rights Are Violated
If you believe your employer isn’t providing proper rest breaks, consider
- Documenting when you’re denied breaks or when restrictions are placed on your breaks
- Reporting every day you received less than all the rest breaks you are entitled to your supervisor or HR Department
- Reviewing your wage statement to verify whether you are being a paid premium hour for each day you received less than all the rest breaks you are entitled
- Raising the issue with your supervisor or HR department, preferably in writing. Consider following up any verbal communications with a confirmation email.
- Consulting with an employment attorney