California Labor and Employment Law

legal news & tips for employees published by Law Office of Eugene Lee

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!

Photo courtesy of cjmellows

| Breaks

Invisiblepony

I work at a small business with three employees. The other two employees
other than myself are co owners and my bosses. I work 36 hours a week and get no real breaks. however, we are a small business. is it legal that I have no been receiving paid and unpaid breaks? if I do get to take a break it is haphazardly and definitely not daily.
Natalee082

I have worked at my job for about 8 years and I have not ever been told to go take a break. What do I need to do??
- Cahsacat
  
  You need to just take your break….I too worked for a company that never said when to take a break, I found that I am entitled to just take that break and if asked what I am doing, I say following the California Labor Law that requires me to take a 10 minute break. Employers will screw you any chance they can, so know the rules.
  - Justkris10
    
    Please don’t group all employers into one law breaking bunch. Many employers encourage and support correct application of the labor code. I do.
- Gd
  
  Go speak to them as they’ve been paying for your life for 8 years. Don’t sue for the sake of suing.
Good Riddins

I work 10-12 hour shifts every day and never take breaks during overtime,if my over time starts at 9:30pm when should I be taking my overtime breaks?
http://profile.yahoo.com/ZYZBUUZIDX5YMQMZW4A267IJJM Billy Martin

i have an exempt employee who constantly go out and take a cigarette break. this employee is out at the patio smoking, even though there’s a sign that said NO SMOKING. what is the law regarding smoke break for California?
Kevin

For a 12 hour shift, Am I supposed to get 2 meal breaks AND 3 rest breaks? Or do the meal breaks also count as rest breaks?

My employer’s scheduling system schedules the breaks based on the regular 8 hour shift, but then we volunteer for overtime for up to 12 hours per day total. The breaks are all still contained in the 8 hour period in the schedule, leaving up to 6 hours straight scheduled work time.

I was tentatively told that I can take an unscheduled rest break at the point between the regular shift and the overtime, and that I can get a 2nd meal break in place of one of the rest breaks.

I don’t think my employer is willfully breaking the law, but I want to be sure of the law when I start working a lot of overtime and have to take unscheduled breaks.
Forkeh

No because the 10 minute breaks are to be paid, unlike the mealtime break. If your employer is generous enough to give you an hour lunch, that has no bearing on your 10 minute breaks.
Jenniferevery

What are the exceptions trouble he(9althcare workers mentioned above?
Mzgriz47

I work for a compny that is fairly new but is a great place to work. What has worked for us is that we work a 6:00 am to 2:30 pm. shift. At 10:00 am. we take a 20 min. paid break, this combines our two 10 min. breaks. At 12:00 noon we take our 30 min. unpaid lunch. By doing this we then have only two hours before we go home. We have found we get more accomplished in the morning hours. Sometimes on Friday we work a 6:00 to 12:00 shift with a 15 min. paid break. I worked a another company for 15 years were we did the same thing and all were happy.
bmadden

I work a seasonal job at a deli style restaurant which is only open during the winter months. I work 5 days a week, 7 (often times more) hours a day. Not only are breaks not encouraged, it is impossible to take them with the amount of business we do. I have never been told by the owner that I am not allowed to take a break (meal or rest), but it is just understood. Nobody who works there gets breaks. This cant be legal. Do I have ground to stand on in trying to pursue this legally? Is it correct that I am entitled to an extra hours pay for each day that this has happened?
Korina1988

I work for a small business and they r trying to get me to work from 10:30 to 3 and take a 30 min lunch… can I say no to the lunch … bc at 4 hrs a day I don’t need a lunch break
- Lusaris
  
  your working, four and a half hours.. not five hours.. and it also says, that you can waive your meal break, as long as you don’t work more then six hours.. so I’d say yes.
ali

i,m going to have baby in July i ask for reduce hours work . i am on salary . so they send me home told me they don’t have reduce hour work form what can i do. my doc say i can not work more than 5 hours.
Mbc92

when i work a 6 hour shift i get one ten minute break and a 30 minute lunch. i choose to waive my 30 minute lunch break since its not paid. do i get a second 10 minute break in the place of that lunch break or does that mean i get 1 break in the middle of my 6 hour shift?
Me

Most of you people should stop bitching and be happy that you have a job!
The new laws regarding lunch breaks in CA no longer make it the responsibility of the employer to make sure you take a break. It is your responsibility to take a break if you feel you need one.
Charolastra6

I agree with the last comment! First you complaint for not having a job and when you finally got a job you just think of time off wtf!
Guest

I work at a place were I am a part time employee. From what I understand you usually have to have a minimum of 4 hours worked before being sent home. I only worked 3 1/2 hours and got sent home. I am not sure if the rules are different for part time employees and full time employees.
Ygonzales

Can my Boss clock me in and out for lunch everyday even if i don’t take my lunch at the time he clock me out
Aria

I think you guys are so funny. Like other commenters said, you guys want a job, and when you get it, all you can think about is your time off and breaks and how you can get the most money from taking them. Some of the comments are valid and the situation they state are indeed a case of abuse done by the employer; but the rest? The rest are just whiners that need to stop dragging their feet and DO THEIR JOB.

I’m 18, been a manger for a while, I work 12-13 hr. shifts sometimes, and I’ll only take a 30 minute break. Yeah, I’ll say I’m tired because who wouldn’t be? But NO, I don’t complain. You guys keep on wondering why all the jobs are gone but most of you guys don’t realize its because your attitude towards work SUCKS. Basically what most of you want is to be paid for either dragging your feet or just doing nothing. If that’s the case then don’t get a job.

And no I’m not bashing anyone. For those that are truly being abused, I’m glad you are trying to find a way to resolve your problem(s) and I hope it gets better. For the rest of you guys, my mom always told me something, “Nothing is free in this world. If you want it, you have to go and get/grab it. If you still think you have it difficult, just compare your life to those around the world and have your eyes opened.” So peeps, Grow up some, Be more responsible, and Open your eyes.

And thank you for this website, it was very helpful towards my essay^^
- Billy
  
  Yes, you’re right Aria. Everyone should work like a dog and work 12 to 13 hours and be modern slaves.
- Bob’s your uncle
  
  Aria
  I don’t think that it is wise to assume the people looking into their rights should be considered “whiners” as you so eloquently put it. Just because you are able to burn the candle at both ends doesn’t mean that the rest of us can. I’m curious to see how you will feel about us whiners when you get older, lets see if you still feel that way when you are old and decrepit … or when you get a life i.e. married and have kids and you have to meet other responsibilities.
- ramon
  
  you can not even spell the word “manager” correctly, you need take a break specially if your mind can only take that much… hehehe… you are only 18 i bet if you continue doing what you doing by 20′s you will be the whiners…
- Izzy
  
  I agree with some of what you said. I worked at a hotel where we worked 8 hours without a meal break. I never signed a meal waiver, and I wasn’t really worried about taking breaks because most of the time I was so busy I didn’t have the option. I ran into problems when I had to work over the 8 hours and they didn’t want to pay me overtime. I would have to stay for an extra hour or two because the person coming in to relieve me would constantly be late. Some employers do take advantage of employees and their need for a job. I have a family to support and I don’t think that it is fair that I had to work those long hours not only without a break, but also not getting paid past the 8 hours. These laws are set up for a reason and employers not following these laws should be punished.
Rhonda

I work for a company that is needs two people working and they don’t I find myself alone at the midnight shift(I am a women) and from 2p.m to 10p.m. I don’t get a 30 min lunch break or any rest time for the bathroom what are my rights.I work for a gas station located in Bakersfield,CA
marygirl1

I’m a part time employee for the city and work 29 hours per week. My boss has me come in every other Saturday and Sunday to check the sprinkler system to make sure the grass is watered correctly. I go in half hour in the morning and half hour in the afternoon. Do I have a right to ask he pays me 2 hours in the a.m. and 2 hours in the p.m.? It is not worth my time but I’m not sure what my rights are???
Ncandy

I work as a physical therapist and would like to waive my lunch break, and work 7 or 7.5 hours without signing out for 30 minutes. I was told that I had to sign out for a 30 minute break, by law. Is this true?
JJ

If someone works a 6 hour shift, can employer make you take a 30 minute unpaid lunch break in place of your 10 minute rest break?
unknown

in CA arnt you supposed too have a break every 2hours or.did.they change it ?? also if i work 8 hour shift dont they havr tio give me all my breaks? and can i get introuble with a doctors note ???
Mr. slave

I don’t care what ne 1 of u jerk offs say I work like a modern day slave at castle and crook 6 12hr day’s try doing that aria and iam a regular wharehouseman and they still try to ask us to Cum n on r day off I have a wife and kid and all I want to do is c my son grow up and not have to spend my life at work I wish I can only work 8hrs a day at least u can plan a life around that
Kristen

My boss cut hours for servers to only work 3.5 hours without a break! Is it illegal to schedule only 3.5 hrs a day??
haedis

I work in a restaurant on the phones. On average i work 6-8 hours a day and I get hassled if I ask for a break. I end up working 6 or 7 hours standing with no break and I was advised by HR to only ask for a break when I “really felt I needed one.”

I just wish employers would follow labour practices and allow us to take breaks and be healthier workers.
EAM

if i work 8hours. am i entitled to a break under the california law? How long is my break? My boss makes us work and only receive a 30 minute lunch on 8hrs. Is this illigel? Where do i report him?
ME

I am a salaried employee who recently had surgery. No problem with taking the time off, but now I am in Physical Therapy and on the days I have PT, I am told I can only take a 30 minute lunch. I work a 9 hr day, and sometimes longer, I work some weekends, all on the same salary. Can my lunch be “shortened” like this?
ale..

I sign a paper waiving my breaks,then i left bc i got pregnant .when i left i sign a paper that said i left bc of my situation.Now i came back and have been working for about 1 1/2 year .i never sign a waiver again and i work 7 to 8 hours a day n i never take breaks what can i do.can i sue ?
tinag

I am a food server.. recently, we were told we could not take any food home.. leftovers from food we PAID for.. this is all because the guys in the back, dishwashers etc have been taking boxes of food home every day… but if i paid for my food shouldn’t I be able to take it home?
Vicky

Can a break be given right before the lunch?? Combined?
flummoxed

I have been recently hired (it is my first week on the job) and today my employer tells me that I will not be scheduled to work a 6 hr shift unless I agree to forgo all breaks. If I don’t agree (and he was clear that he could not require me, that I had to “agree”) I would only be scheduled for 4 hours shifts, also without a break. This can’t be right.
http://www.facebook.com/sklawitt2002 Shawn Klawitter

i work 12 hours a day shoveling rice to dry, i only get 2 20s and one 30 min break in the 12 hours period is that legal are the laws different in the ag industry. it comes out to about a break every 3 hours. its hard work out there shoveling all day, my lunch is even at 6 hours into my shift instead of 5.
http://www.facebook.com/sklawitt2002 Shawn Klawitter

i work 12 hours a day shoveling rice and only get 2 20 mins and 1 30 min, are farms exempt from cali labor laws, if so why.
CATRACHO63

I couldnt take my second rest break because of too much work load, I wrote no last break taken, but my new lead told me would that he will not sign for me to get pay.
Is my lead responsable to make sure everyone takes their breaks?
Vanessa

Want are the actions taken against the employer if a rest break isnt taken?
Cassie

i work a 3.25 hour day. can my school employer split shift my hours into a 45 minute shift, then a 2 hour break and then a 2.5 hour shift?
Fina

Is my employer required to give me 8 hours between shifts?
hard worked

i ? if i work 3hour and get a three hours lunch then come back to work for another three hours don’t they have to give our crew a 10 min break cause of the laws.
lost

can my job make me take a lunch after only being at work for 3 hr this is a shame i need a new job
Mike Mack

An employer had me go in at 7:00am work until 3:00pm for orientation with no break and no plan to pay me. They said it was to see if I was a good fit & for me to see if I liked the job. They even had me sign a paper acknowledging it was a non-paid orientation in San Diego, CA
LM808

I am a manager in a restaurant, our industry is always hard to justify when to send employees on breaks and most of the times the employees do not want to take breaks and miss out on the income from the tables in their sections (which I understand). We do have a couple of 8 hour shifts during the week that servers get their 1/2 hour breaks and 10′s when they want to take it. The other shifts are not scheduled in accordance to 4hrs, 5hrs, 6hrs it’s based off of how busy the restaurant is that day. We may be busy and everyone works over 6hrs, or we may be slow and they go home at 3-4hrs (usually willingly). So technically we’re not sure when we’ll be busy, sometimes we’ll send someone on break and then when that person gets back try to send another person on break, but if it gets busy they don’t want to and want to just work. They ask us can I just clock in and out and you add the 1/2 hour like I did take a break, because if I take a break I have to be here longer by an hour and don’t want to. So my question is in regards to this, can I as a manager legally fix their times to add in a break as to not violate the law and add the 1/2 hour break to the end of their clock out time. Ex: If so and so works from 3:58pm – 10:41pm (6.75hrs) was busy and did not want to take a break clocked in and out and asked me to adjust the time to add the break. If I fix the time to be 3:58pm (in) 6pm (lunch break) 6:30pm (back from lunch) and then 11:11pm (30 minutes added to the 10:41pm actual time of clock out) is what I am doing illegal? If so or not, please advise as to what I can actually do legally. I make sure that they get paid for that time, but they don’t get the break and I feel bad about that, but they don’t always want it, if they need or ask for it I give it to them. Only the 8 hour shifts I mandate that they have to take the 1/2 hour break and the 10′s if they want. Thank you for any and all advice. I really need to understand if this is ok, before I sign a work contract in regards to this.
Ally Mustafa

I understand that one gets a 10 min rest break for every four hours worked, however the employee should still be receiving two rest breaks working over 6 hours, right? Also, can an employer deny whether or not you want to waive your lunch working under six hours?
Dustin22

I work at a gas station. My employer said he can’t afford to have 2 people on shift at a time resulting in us not getting an actual lunch or any breaks we work 9-11 hour days. Then when we get our paychecks there is 15 min. Deducted for a break.isn’t there a law saying if we aren’t given a formal break or lunch(uninterrupted) that we should receive an extra 2 hours of pay. My boss told us the reason for the 15 min. Break deduction is because we are not always assisting customers the entire day.
blueveridianhue

I come back from lunch at 1:00 My supervisor says I must take my break between 2:30 and 4:00. I am not allowed a break after 4:00. I am with clients all afternoon. They are scheduled and waiting for me. I cannot just get up and walk away leaving them sit for 10 minutes. If I finnish after 4:00 I am not longer allowed a break. I sometimes work streight through to 5:30 witch is overtime for me with no breaks. I am not sure how to resolve the problem.
Dave

Employee works from 8 to 430 for 6 years..takes a 30 minute lunch on a whim new mgr decides now a 45 minute lunch is required causing employee to have to leave later missing family obligations. Other employees not being forced to do this.
Mikeylpz

What if you work 10 hours? How many breaks and how long are we entitle to by law.
wizeguy

At Home Depot our DH doesnt care about this law, ive showed it to him and he began an abrupt argument saying they have no problem paying me the full work hour, as soon as i want to become a customer just let him know! So for weeks now no break for me or anyone else. A*sholes
Cass

I work in a hotel, 5 days a week-48 hrs a week and up to 104 hrs a pay period (biweekly) my boss does not pay us overtime, instead he puts 80hrs on our company checks and pays our ot in either cash or personal checks. He has a problem paying us on time & has mentioned that if I were to bring it up to the higher ups attention, they would just suggest that I be replaced. Every shift we are alone, no back up or extra help to relieve us for a break. With that, there’s no way to switch shifts or get a weekend off due to lack of employees (as well as my boss enjoying every weekend off). I really don’t know how to resolve this issue.
JB

Just started my new job worked for 9 hours n 30 mins straight no break at all was really hungry n dizzy after work…
yenny

I only
work 4 hours a day but they still give me a 30 minutes break can they do that ??

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California Labor and Employment Law

What Break Periods Am I Entitled To?

Rest Breaks

Meal Breaks

Honors

Stay Updated

Author

(310) 906-0039

Talk to a Lawyer Now

Topics

Recent Comments

Blawg Directories

For Attorneys

Other Labor Law Blogs

Useful Sites

Various Friends of the Firm

California Labor and Employment Law

What Break Periods Am I Entitled To?

Rest Breaks

Meal Breaks

Other posts you might like

Honors

Stay Updated

Author

(310) 906-0039

Talk to a Lawyer Now

Topics

Recent Comments

Blawg Directories

For Attorneys

Other Labor Law Blogs

Useful Sites

Various Friends of the Firm