California Labor and Employment Law

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What Break Periods Am I Entitled To?

032008 2030 whatbreakpe1 What Break Periods Am I Entitled To? Under 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. 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 break violation occurred.

For the nitty gritties, see below:

Rest Breaks

If you work at least 3.5 hours in a day, you are entitled to a rest break.
Your boss must give you a rest break of at least 10 consecutive minutes for each 4 hours worked.
Rest breaks must to the extent possible be in the middle of each work period.
Rest breaks must be paid.
Your boss may require you to remain on work premises during your rest break.
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

If you work over 5 hours in a day, you are entitled to a meal break of at least 30 minutes. 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.
If you work over 10 hours in a day, you are entitled to a second meal break of at least 30 minutes. 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.
Your boss has an affirmative obligation to ensure you are free to take your meal break off work premises.
You cannot be required to work during any required rest break. [Cal. Lab. C. 226.7]. Your boss has an affirmative obligation to ensure you are actually relieved of all duty and are not performing any work during meal breaks.

Keep in mind, there are many exceptions to the above for certain industries, such as the 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. Your claims could be 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.4^th 1094 (2007)], but in certain cases, a 1 year filing deadline could apply.

Keep on taking those breaks!

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Celerystick08

As soon as I get to work my job makes me clock out for break, so say I start @ 4:00 I start my meal break @ 4:01 is that right?

http://pulse.yahoo.com/_YSANO3HYJOZH4GB4XC7OKPOLE4 kef

geez i hate when employers try to get away with that garbage

Auer_1966

if you work 40 hours a week how many days off by law are you supposed to have off
Raim15

If I work from 6 to 1, is a break manditory or can I opt out..in CA?

Kismet1974

If there is a mutual agreement between the employee and the employer it is possible but not probable.

Me

There’s no such thing as a mutual agreement between an employee and employer — that’s a fantasy. Your boss will tell you that you’ll opt out of your break, or opt out of employment.

http://pulse.yahoo.com/_YSANO3HYJOZH4GB4XC7OKPOLE4 kef

If you both agree yes, but most employers will still make you take a meal break to save on labor.

Justinsawyer84

i really don’t like the idea of having the option to skip meals. now businesses are having employees sign a contract before employment effectively waiving a second break under 12 hours. that’s not us simply agreeing that we’ll work a bit longer. that’s them telling us that we don’t get that break. after all, how many people have walked out during an orientation because they didn’t agree with a specific policy. nobody who actually wants a job. that’s who. we still have work to do people. let’s get that 30 minute break up to 45 minutes because that just isn’t enough time to get food, come back, and eat. very few actually people pack a lunch everyday.

http://pulse.yahoo.com/_YSANO3HYJOZH4GB4XC7OKPOLE4 kef

I wouldn’t want to go on that break. You lose out on the half hour overtime. They are shooting themselves in the foot right there. I mean… they are paying right? That is the law… if you sign the agreement it turns into an on duty paid lunch.

svue

I have been working at my new job for two days now. My back would ache after standing up for more than four hours, but since I didn’t know I can take a break every four hours, I continued to work. My boss never once mentioned to me about taking breaks or lunch breaks. Since I didn’t know, I worked 6 hours straight. Is this illegal?
http://pulse.yahoo.com/_S5QV5SNJJFSHNN3D6DK23SFC6A terip

does the employer have to give the meal break before the 5th hour? or can it be anytime after?
marianne

my first job is working in the field cutting brocolini,,my question is what is our regular breaks…..?because sometimes we dont eat our lunch……especially when we finish the orders for brocolini.sometimes we finish our job at 1:30 pm without eating our lunch….what is the violation of our foreman….thak you…
Porfiriogil

My supervisor told me if i clock in after 7 min. i am consider late for 15min. and clocking out before 7 min.consider under time of 15min. Is there such law for this

http://pulse.yahoo.com/_YSANO3HYJOZH4GB4XC7OKPOLE4 kef

they cant dock your pay or edit time out for that raeson and if they do it is supposed to be documented and signed by you and manager who edited.

Steve

I work for a California company. We were told, “We can work you 5 hours and 59 minutes before we give you a lunch.” I told them that no other employer I had worked for ever told me that. I just found a book called, “2011 HR Handbook for California Employers” at Staples ($40.00). On page 188 it says, “You must ensure that nonexempt employees take at least a 30 minute meal period no later than 4:59 into their shift.”, and, “if employees miss any part of their meal break, start it later than 4:59 into their shift or miss it altogether (even if they do so voluntarily), you will owe the employee one hour of pay equal to one hour’s wage no later than their next paycheck.” (page 189). My question is that this is the only source I have seen that is this specific. My employer will probably tell me that this book published by the California Chamber of Commerce (www.calchamberstore.com) is not authoritative. I had quoted the IWC Work Order to my Manager’s supervisor and she told me the Work Order were just “guidelines”. Is there a State of California Department of Labor document that specifically says 4:59 into shift to start lunch? Also, If I work more than 10 hours, what time would I have to start that lunch by, 9 hours and 59 minutes?

Kamila Edwards

I work in HR and it is the LAW that CA employers must provide their employees with a duty-free unpaid lunch break by 4:59 into their shift. For any breaks and meal periods missed, your employer must pay you 1 extra hour, up to 2 hours a day for missed breaks/meal periods. Check out Labor Code Section 226.7. If they don’t start complying, start documenting everything and visit a lawyer. These are not guidelines, your supervisor does not know what she is talking about.

http://pulse.yahoo.com/_YSANO3HYJOZH4GB4XC7OKPOLE4 kef

Thank you.

Jkboisen

There is a suggestion in the law that allows the employer and employee to waive that 5 hour meal period to 6 hours but they have to provide a waiver for you to sign. Your 30 minute meal period must be taken no less than two hours after your shift starts and no later than 2 hours before it ends. So you cannot punch in at 9, take a break at 9:30 punch back in at 10 and then work until 4. You should punch out at noon. As far as 10 minute rest breaks, you are entiltled to a 10 minute rest period (paid) for every 4 hours you work. So if you work 8 hours you are requierd two ten minute rest periods and on 30 minute unpaid meal period.

Nikkim209

If I work 8 hours, can my boss make me make take my first break, and my lunch both in the first two hours, and for the other six hours get one break?

http://pulse.yahoo.com/_YSANO3HYJOZH4GB4XC7OKPOLE4 kef

This is something we are having a big showdown about where I work. I was told in a conference call with our HR that in CA if we give you a half hour lunch 1 hour into your shift and you still have 7 hours to go, we have to give you yet another half hour lunch in 5 hours. not really a convenient option there. I’m actually trying to find documentation on it for a meeting about a manager who is sending an employee on a break after 1 hour, then a 1 hour lunch 20 minutes later in an effort to save on labor. Most of us are crying foul. I’m not having any luck so far with specifics regarding it though.

anon

I have a question. I work at a restaurant, and I recently found out that if I or one of the other servers forgets to clock out, our restaurant deletes our entire day from the payroll! I told them this is illegal, and they told me that what’s illegal is guessing when I clocked out.

It seems to me, though, that at the most they could just clock me out as the same time as my last table/check. Apparently they have been doing this for years, and my long-time co-workers had no idea this was happening–none of us did. What should I do? Get an attorney?

Jkboisen

That is illegal. All they can do is punch you out 15 minutes from the time you cashed out, which will be on your cashout sheet, or let your time go until the restaurant is closed (never punch you out) and adjust it the next day. It is illegal for them to erase your punch. On the flip side they can write you up for forgetting to punch out.
Aviraland

You should totally get one.. completely illegal!
http://pulse.yahoo.com/_YSANO3HYJOZH4GB4XC7OKPOLE4 kef

any alteration to your time is supposed to be documented and signed by you and the manager.

Mkyfinn

My company instituted a 7 1/2 work day to avoid overtime. At this time we were also told that this means we are not intitled to a second 10 minute rest break. As I understand it I am due a break after 6 hours one minute ( the greater portion thereof). Am I correct? I’ve been told by supervisors and the Area Trainer, in a company mandated class that I am reading the IWC order wrong. Am I?
Guest

If I am scheduled 8 hours daily, 40 weekly, can my company force me to take a 2 hour lunch and make me stay an hour after closing to make sales calls. They are doing this to avoid overtime. I am told if I have not hit my numbers by 12 noon, plan for extended lunch.

http://pulse.yahoo.com/_YSANO3HYJOZH4GB4XC7OKPOLE4 kef

They aren’t allowed to keep you longer than your schedule says unless you agree to it.

Anonymous

What does the law state about employers not providing you with a lunch break or even a 10 minute break since you work by yourself in a winery tasting room. And when you did have someone else scheduled to work a 4 hour shift to cover breaks and just help out, they tell you to tell that person not to come in to work. Hence no meal break or any break and you happen to be about 6 months pregnant?

http://pulse.yahoo.com/_YSANO3HYJOZH4GB4XC7OKPOLE4 kef

Yikes.. thats dangerous. I think there are laws specifically for pregnant women to protect them. You really should get a hold of the labor board in your city.

Robinaarroyogarcia

I work 6 hours shifts and i want to see if im not understanding our lunch breaks i clock in and work and hour and im getting relieved for lunch, is that against the law to get your lunch so soon.
Confessliar

The store I work for will not allow us to clock in til 2 minutes before our shift starts, and MUST clock out no more than 4 minutes after our shift is over, even if we aren’t done with our work. So we have to rush to clock out, then come back and finish our work, which takes an additional 5 minutes, since we aren’t allowed to clock in sooner than the 2 minutes.

http://pulse.yahoo.com/_YSANO3HYJOZH4GB4XC7OKPOLE4 kef

You shouldn’t be doing any work off the clock at all.

Lost and Confused

Hi. I work at a home health agency that recently was in the news for committing Medicare fraud. I also hear that there are 3 class action lawsuits in California against this company regarding wages and pay.

I’m an hourly non-exempt employee, I work 40 hours/week, 8 hours/day. There have been many days where I did not take any breaks in between working. For example, I’ll work from 8AM – 5PM, no breaks and just a 1 hour lunch. Normally, we’re required to clock out for our 15 min. breaks, but I haven’t been taking them because I’m always buried in paperwork and I’m always busy. My boss knows that I haven’t been taking my breaks because I don’t clock out for them anymore. (He has to review my timesheet every week – it shows which days I clock out when I take breaks.) I have my clock in and out reports from the website we use.

Is this MY OWN fault for not taking a break? Is my employer supposed to compensate me for the days that I don’t take any breaks? Please help!!
Guest

Per your writing, if I stick to staying in the office only 8 hours a day, I am entitled to only one 10-minute break by CA law.

9am-1pm, work for 4 hrs,
1pm-1:10pm, paid break by law,
1:10pm-5pm, work for 3:50 mins,

so unless I work for another 10 minutes, I’m not entitled to my 2nd 10 minute break.
I did not realize that until now. That seems not very human.

Please let me know if my understanding is not correct. (I hope so!)

Xmutex

You misread the law. You must take a break for 3.5 hours worked, the break is paid so it counts as work time towards your next break because you aren’t clocking out.

Because your employer knows you will be there for 8 hours and he has to give you a break after 4 hours and a lunch break after 5, it would not make sense to wait the full 4 hours to give you a break. It makes more sense to give the break earlier, so the breaks become evenly spaced throughout the day. You should be getting 2 breaks+1 meal break for 8 hours worked.

Guest

I work in an office by my self I’m given my 30 lunch break but not given any of state mandated 10 minute breaks during the day, am I entitled to get he extra hour pay to compensate me for the breaks that are not provided?

Ptl69

You are entitled to a rest break, it is not required. No you do not get paid for it.

http://pulse.yahoo.com/_YSANO3HYJOZH4GB4XC7OKPOLE4 kef

Not required? Then why are employers forced to pay SMP if you don’t provide a rest break within the guidelines laid out? I think your answer is either wrong or you misunderstood the question.

It clearly states at the top of the page here:

“Your boss must give you a rest break of at least 10 consecutive minutes for each 4 hours worked.”

“Rest breaks must be paid.”

” 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 break
violation occurred.”

So I have to ask… if its not required then why does it say MUST GIVE YOU A REST BREAK? Clearly the answer is yes they should be getting the 1 hr smp for each day they have a break requirement violation. UNLESS… they fall under the on duty provision which that part confuses me so I wont even go there.

Guest

I’m a weight master for an aggregate company and I’m in the office by my self. I am given the 30 minute lunch break but no one releases me for my mandated breaks at times I am not able to get take my lunch break and are compensated for the missed lunch but should I be compensated for not being given the rest breaks? Is this legal or am I entitled to the extra hour pay.
Guest

I’m a weight master for an aggregate company and I’m in the office by my self. I am given the 30 minute lunch break but no one relieves me for my mandated breaks, should I be compensated for not been given the rest breaks? When I am not able to take my lunch break I am compensated for the missed lunch but am I entitled to the extra hour pay for the breaks that are not provided?

Also, during the time the trucks are not coming in to be weighed I am doing office paper work so I am really technically not on a break. Should a break be time away from my work station/desk and someone relieving me for my 10 minute breaks or can my employer state that the down time at the scales would be considered a brake.

Please help.

http://pulse.yahoo.com/_YSANO3HYJOZH4GB4XC7OKPOLE4 kef

I think you fall into that category of on duty lunch which I think is supposed to be paid because you cant leave your work area and no one can cover you to leave as well.

http://pulse.yahoo.com/_R7VKWYS7KAQIIHH2B4PLTJGTKU myswaggizimpeccable

Is it okay for my employer to schedule my lunch break 2 hours after I’ve been at work and my first break 1 hour after I’ve been at work. It makes no sense to me because what if I leave early?

Copper3184

I was wondering almost the same thing my boss made me take my meal break after being there for only 1 hour.

Megoddess444

When does your 10 minute break start? When you clock out? or after you clocked out, then navigated through all the customers and made you way to the break room 5 minutes later?
guest

My husband used to work 1 to 6pm. Then they changed his hours to 11 to 6pm but he needs to take an HOUR lunch from 12 to 1pm. That seems ridiculous to me. It should only be a half hour. Now he has to be there 2 hours earlier but only gets paid for 1 extra. Is this legal?
Lucky_duck1313

I work for a govt contracting company. I was traveling from PA TO CA. The first plane I was on was delayed due to mechanical failure. I left the hotel at 3 am eastern time to travel 2hrs to the airport. Arrived into san Diego at 5pm.
1st. Does they company have to give me the 3hr time difference.
2nd. If yes. Then I traveled a total of 17 hrs. Reported that. And only got paid for 12.

Is this illegal?

Really?!

[comment deleted] You’ll be paid for the duration of time you worked. Would you expect to have your hours worked reduced if you worked through “daylight saving time” in the fall?

Kirsty

I work in a restaurant and we generally work 7 to 8 hour shifts, because we are so busy we take two five minute breaks spaced out either side of our twenty minute lunch time. We are not required to clock out and all our breaks are paid. Is this correct?

Harrison Jason47

Yes that is correct… And getting paid for lunch is a plus xD

gonzalo

i have been reading about an “agreement” between you and your employer of and on-duty break…i believe this agreement should be on writing but does it count if it was a verbal agreement???
HELP!

http://pulse.yahoo.com/_YSANO3HYJOZH4GB4XC7OKPOLE4 kef

Those situations are confusing to me. Where I work we have it in writing and they feel they can exercise that agreement whenever they want to save from having extra help on hand to cover your lunch. However I’ve been told those agreements can’t be a blanket agreement for the rest of your employment and that you have to sign a new agreement each time you work if they choose to implement them. I’m really not sure what to think but I would lean towards the second version.

Dee

I work from 9 am 6 pm M-F. My boss gives me 1 hour lunch period. So, I usually go to lunch from 1-2 pm. I’ve been with he company for a couple of years now and have never received a 10 min break. I always though it was included in my lunch time. Do I still need to take my 10 min breaks and take the 1 hour for lunch?

http://pulse.yahoo.com/_YSANO3HYJOZH4GB4XC7OKPOLE4 kef

Actually for that length of shift you should be getting two 10 minute “PAID” rest breaks as well as your hour lunch. They can’t lump it into the hour lunch because for one the lunch isn’t paid and secondly those rest breaks are supposed to be scattered throughout your shift like say after 2 hours you get your first 10, at 1 you get your hour lunch, at 4 you get your final 10.

Jar 8859

i work from 10 till 1, 3 days a week, but my boss takes half an hour off for our break, if we take it or not. so that means im only working 2.5 hours a day, i think its wrong, how can we live off that its a disgrace.

http://pulse.yahoo.com/_YSANO3HYJOZH4GB4XC7OKPOLE4 kef

In California? Totally illegal and if he takes time off of your hours you have to sign a time card edit sheet approving it. I dont think you even get a paid rest break for 3 hours.

Denialejandro

I work a total of eight hours a day and only get 1 rest break for 15 mins. I thought we were suppose to get 2 breaks in an eight hour shift. Is this legal ?
Tiffany

I have a question. When I worked part time my employer gave me a paid half hr lunch break. Now that I am working full time my employer said that it is not a paid break. Is she right?
Mike0023

Can a company disciplaine or fire you for taking more than 6 minutes on a restroom or personal break?
david

i dont get paid for my 10min breaks, is that legal?

23uh

no! didnt you just read above? ^^

http://pulse.yahoo.com/_YSANO3HYJOZH4GB4XC7OKPOLE4 kef

I hope shes not still there. I would be willing to bet that even though they aren’t getting those breaks, the manager is editing them in. The biggest thing in favor of the crew is if those time edits aren’t documented and signed by both employee and manager.
kat

Hi,I’m a new manager at clothing store. we have two work shifts, 9:30am-3:00pm, 5.5 hours and 3:00pm-9:00pm, 6 hours. we now take 15min break after 3hours work. my co-works don’t want to take 30min un-paid break but my boss didn’t get to waive for 30min-unpaid break.
I have to know what we have to right rest time, and meal break time.
somebody helps me, please!!!
Dluna1234

I work part time for for 5 or sometimes 6 hrs. Do i get a paid rest/meal break?
Ajohnston

Hi I work at an assisted living facility. I work 8 hours a day (sometimes 12 hours). I am new to the work world so I’m not sure if the company I work for can do this but I work 8 hours with no breaks. We are supposed to “eat when we can” and we aren’t supposed to be caught sitting down. Usually I don’t have time to eat or sit during my shift, especially if I work the AM shift. We do get paid for all 8 hours, but staying inside a house for 8 hours without being able to leave is making me crazy!
Mike168

I work from 10:30am to 9:00pm total 10 and half hours, I took 3 times 30 minutes meal break an 2 times 10 minutes break a day, my boss paid me 9 hours a day, is this right?
Kurt

Hello All. I’m a waiter (currently working for a restaurant inside a Four Seasons hotel in CA) and I would like to know if there is a sheet we as servers can sign on a per case/day basis that allows us to waive the 30 minute meal period. I’m not talking about waiving it to go from the 4:59 mark to the 5:59 mark but more waiving it all together for that shift, even if the shift ends up being 8 hours long. I swear I remember something like that being an option years ago at another restaurant I worked at but can’t quite remember. Thanks.
Mae

Can a company write you up if you don’t call a manager for a bathroom break, then go anyway?
guest

seriously. I would fire you because you can’t spell.

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