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California Rest Break Law: What You Need to Know

California law is clear about rest break requirements for non-exempt employees. Every worker is entitled to a paid 10-minute rest break for every four hours of work. This isn’t optional for employers — it’s a legal obligation. The specifics of California’s rest break law include several important components:

  • Paid Break: Your 10-minute rest break is paid time. You should never be asked to clock out for your legally mandated rest period.
  • Duty-Free: During your rest break, you must be completely relieved of all work-related duties. This means no answering phones, monitoring equipment, or handling any work responsibilities.
  • Timing: Rest breaks should be taken as close to the middle of each four-hour work period as possible. While there’s some flexibility to accommodate the nature of your work, employers cannot schedule breaks so early or late that they become ineffective.

California employees have some flexibility regarding their rest breaks. While employers can schedule when breaks occur, you’re not required to take them unless your employer specifically orders you to do so. However, employers do have the right to require employees to take their mandated breaks.

Employer Obligations and Employee Rights

Employers in California have a clear legal responsibility when it comes to rest breaks. They must provide opportunities for rest breaks and ensure that these breaks are truly duty-free. More importantly, if they fail to provide a legally mandated rest break, they owe you one hour of premium pay at your regular rate for each day the break was missed.

Your rights as a California employee include:

  • Receiving paid rest breaks without having to clock out
  • Being completely free from work duties during break time
  • Receiving premium pay when breaks are denied or interrupted
  • Taking legal action when employers violate rest break laws

Common Rest Break Violations

Unfortunately, some employers violate California’s rest break laws, either intentionally or through poor policies. Common violations include:

  • Not allowing breaks: Some employers maintain unwritten policies against breaks or schedule work in a way that makes taking breaks practically impossible.
  • Requiring employees to clock out: Employers cannot ask you to clock out for paid rest breaks.
  • Interrupted breaks: If your break gets interrupted by work duties, your employer must provide another complete break to comply with the law.

Legal Recourse When Your Rights Are Violated

When employers deny your right to rest breaks, you have legal options. At Glaser Labor Law, our employment attorneys understand the complexities of California labor law and can help you pursue the compensation you deserve. Legal recourse may include recovering wages owed for working through break periods and obtaining premium pay for missed breaks.

We’ve helped countless California employees recover compensation for rest break violations. Our experience spans various industries — from office workers and retail employees to warehouse staff and film industry professionals.

Take Action to Protect Your Rights

Everyone needs to take breaks at work from time to time. Whether you work in an office, a retail store, a film set, or in a warehouse, California labor and employment law states that all workers have the right to reasonable rest breaks over the course of their workday. Unfortunately, not all employers act in accordance with employment laws, unlawfully denying their employees well-earned breaks at work.

When your employer refuses to provide your legally mandated rest breaks, you may need to take legal action to remedy the situation. Legal action could include getting wages you are owed for working through break periods.

At the California employment law firm of Glaser Labor Law, each employment law attorney has years of experience fighting for workers’ rights. We will work tirelessly to help you get the justice and compensation you deserve.

Don’t let employers violate your fundamental right to rest breaks. Contact Glaser Labor Law today for a consultation and learn how we can help protect your rights under California employment law.