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What Break Periods Am I Entitled To? (2018)

california meal breaks, california rest breaks, break lawsUnder California law (which is much more generous to employees than federal law), if you are a non-exempt worker, you are entitled to meal and rest breaks: a 30-minute meal break if you work more than 5 hours in a workday, and 10 minutes breaks for every 4 hours you work (or “major fraction” thereof). There are other requirements though. If your boss doesn’t comply with break requirements, they are required to pay you one extra hour of regular pay for each day on which a meal break violation occurred, and another extra hour of regular pay for each day on which a rest break violation occurred.

For the nitty gritties, see below:

Rest Breaks

  1. Your boss must give you a rest break of at least 10 consecutive minutes that are uninterrupted.
  2. Rest breaks must be paid.
  3. If you work at least 3.5 hours in a day, you are entitled to one rest break. If you work over 6 hours, you are entitled to a second rest break. If you work over 10 hours, you are entitled to a third rest break.
  4. Rest breaks must to the extent possible be in the middle of each work period. If you work 8 hours or so, you should have a separate rest break both before and after your meal break.
  5. Your boss may not require you to remain on work premises during your rest break.
  6. You cannot be required to work during any required rest break. [Cal. Lab. C. 226.7]. BUT, you are free to skip your rest break provided your boss isn’t encouraging or forcing you to.

Meal Breaks

  1. If you work over 5 hours in a day, you are entitled to a meal break of at least 30 minutes that must start before the end of the fifth hour of your shift. BUT, you can agree with your boss to waive this meal period provided you do not work more than 6 hours in the workday. You can also agree with your boss to an on-duty meal break which counts as time worked and is paid.
  2. If you work over 10 hours in a day, you are entitled to a second meal break of at least 30 minutes that must start before the end of the tenth hour of your shift. You can agree with your boss to waive the second meal break if you do not work more than 12 hours and you did not waive your first meal break.
  3. You must be allowed to take your meal break off work premises and spend your break how you wish, since it is off the clock.
  4. You cannot be required to work during any required meal break. [Cal. Lab. C. 226.7].
  5. As of 2012, your boss has an affirmative obligation to ensure that breaks are made available to you but the actual taking of meal breaks is left to the employee. In other words, you are responsible for “breaking” yourself.

Note, rest and meal breaks are supposed to be separate, they should not be combined. Your boss cannot give you a single 1-hour break and say that that counts as all of your meal and rest breaks.

Keep in mind, there are many exceptions to the above for certain industries, such as the construction, healthcare, group home, motion picture, manufacturing, and baking industries.

If your employer is violating your rights to meal and rest breaks, you should contact a lawyer right away as you may be entitled to receive a penalty of 1 hour wages per day you were denied any rest breaks, and an additional penalty of 1 hour wages per day you were denied any meal breaks (for a maximum penalty of up to 2 hours wages per day). Your claims are subject to strict filing deadlines. For meal and rest break violations, the filing deadline is usually considered to be 3 years thanks to a recent California Supreme Court decision. [Murphy v Kenneth Cole Productions, 40 Cal.4th 1094 (2007)], but in certain cases, a 1 year filing deadline could apply.

Keep on taking those breaks!

Photo courtesy of cjmellows

2,012 Comments

  1. GEORGE on June 22, 2018 at 5:37 pm

    Hi,
    At my workplace, most employee take their lunches for 1hr, but I like to take just 30min. Can I do that? By law, no one can force me to take 1hr lunch, right?
    thx,

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