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10-minute rest breaks are mandatory in California for every four hours worked. This means that an employee who works a seven-hour shift is allowed to have two 10-minute breaks. If the employer fails to provide the 10-minute rest period, they are in violation of the laws and you may be able to take legal action to protect your rights.
Employers require employers to give employees 10-minute rest periods once they work a certain number of hours. The rest period must consist of 10 consecutive and uninterrupted minutes. Here’s how many breaks an employee must receive:
|
Number of 10 Minute Breaks |
Hours Worked |
|
0 |
Employee works less than 3 hours and 29 minutes |
|
1 |
Employee works between 3:30 and 6 hours |
|
2 |
Employee works between 6:01 and 10 hours |
|
3 |
Eployee works between 10:01 and 14 hours |
|
4 |
Employee works between 14:01 and 18 hours |
Employers should provide employees a suitable location for their 10-minute rest periods. As an employee, you have the ability to waive your right to this rest break; however, your employer cannot pressure you into doing so. The decision must be yours and yours alone.
In the event your employer forces you to waive your rest break or they refuse to give you one, they are violating your employee rights. You can report your employer, and if he or she retaliates against you, know that you may pursue compensation for any losses you endure.
Our Orange County employment attorneys at Aegis Law Firm are intimately familiar with wage and hour laws and will work with you to safeguard your rights. We’ll be by your side every step of the way. Trust us to be your advocates through complex legal matters.
For a free consultation to discuss your case, fill out an online form or call our firm today at (949) 379-6250.