In California, employees are entitled to rest breaks and meal breaks during their shifts. Rest breaks are paid, and meal breaks are generally unpaid.
For every four hours worked, employees are entitled to a rest break of at least ten consecutive minutes. Rest breaks are to be taken in the middle of the work period, if possible. The break should be relieved of all duties and not be interrupted. If an employee works six or more hours in a workday, then two ten-minute rest breaks are permitted.
For every five hours worked, employees are entitled to a meal break of at least 30 minutes. The meal break is unpaid, and employees are relieved of all work duties during the break. If an employee works ten or more hours in a workday, then another 30-minute meal break is required.
There are some exceptions to these general rules. For example, some industries have their own specific rules for meal and rest breaks. For example, healthcare workers who work certain shifts may be allowed to waive one of their two meal breaks. Also, industries where employees work shifts, there are special rules that describe how meal and rest breaks should be proportioned.
Employers who fail to provide rest breaks and meal breaks can be held liable for wage and hour violations. Employees should report any violations to the Division of Labor Standards Enforcement.
If an employee believes their employer is not honoring these break requirements, the employee should bring it up with their supervisor or HR representative. If the employer continues to violate these requirements, the employee may file a complaint with the California Division of Labor Standards Enforcement. Additionally, if an employee believes they have suffered any adverse employment consequences as a result of their complaint about rest breaks or meal breaks, they may consider speaking with an attorney with regards to filing a legal claim for wrongful termination, disability discrimination or retaliation.
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