Ensuring that California employees receive their entitled rest breaks is critical to upholding workers’ rights and maintaining workplace fairness. As mandated by state law, employers have to give rest periods throughout the workday. But what are the specific guidelines governing rest breaks in the Golden State, and how can a CA wage hour & lawyer assist in protecting workers’ rights?

Rest Break Duration and Frequency:

The length and frequency of rest periods in California are contingent upon the total hours worked within a given workday:

• For every four-hour work period, employees are entitled to a net minimum of ten consecutive minutes for a rest break.
• Employees whose total daily work time amounts to less than 3.5 hours are exempt from mandatory rest breaks.

For a typical eight-hour shift, the one rest period of at least 10 minutes must be before a lunch break, and a second rest period must be after a lunch break. 

Rest periods are considered compensable time, meaning employees must be paid for the duration of their rest breaks. Additionally, during these breaks, employees can choose how they spend their time and cannot be compelled to remain on-site. Employers must relieve workers of all duty for the rest break to count as a rest break.

Remember, rest breaks are distinct and in addition to meal breaks. Under California law, non-exempt workers are entitled to a 30-minute uninterrupted, duty-free meal break if they work more than 5 hours in a workday.

Premium (Extra) Pay for Rest Breaks Not Provided

Employers who fail to comply with these requirements are required to compensate employees with one extra hour of regular pay for each day when there is a rest break violation.  This “rest break premium wage” (equal to one hour’s pay) is on top of an extra hour of regular pay if there was a meal break violation on the same day..

Outdoor Work and Recovery Periods:

For employees working outdoors, additional rest breaks known as “recovery periods” may be necessary. These recovery periods, lasting no less than five minutes each, are intended to allow employees to cool down and protect themselves from overheating. Employers must provide these recovery periods to ensure the health and safety of outdoor workers.

California Workers, Enforce Your Rights:

If your employer is not adhering to rest break regulations, interrupting your rest periods, or pressuring you to work during designated breaks, it’s essential to take action to protect your rights. A CA wage & hour lawyer can assist you in navigating the complexities of labor law and advocate on your behalf to ensure you receive the rest breaks to which you are entitled.

Seeking Legal Guidance:

By consulting with a knowledgeable attorney, you can take proactive steps to protect your rights and hold employers accountable for any violations. At Valerian Law, P.C., we understand the importance of upholding employee rights and ensuring fair treatment in the workplace. If you believe your employer is infringing upon your rights regarding rest breaks, don’t hesitate to reach out to us. Our experienced employment law attorneys are here to advocate for you and help you secure the justice and compensation you deserve.

Don’t hesitate to seek legal guidance if you believe your rights have been violated – your voice matters, and you deserve fair treatment under the law. CALL US: 888.686.1918.