California Meal Break & Rest Break Law (2024) – Quick Calculator + Charts

This meal break and rest break calculator will tell you how many meal and/or rest breaks you are entitled to under California labor law. Just enter your shift start and shift end times and the calculator will explain your break rights. IMPORTANT: If you took unpaid meal breaks during your shift, say 30 minutes in total, MAKE SURE TO ENTER “30” IN THE MEAL BREAK INPUT WINDOW. The law considers only time worked on the clock. Meal breaks are usually taken off the clock and must not be included in the calculation.

Calculator

Start of Your Shift (e.g., "9:00 am"):

End of Your Shift (e.g., "5:00 pm"):

Total meal breaks taken (in minutes) (e.g., "30"):


(The page will refresh after you press "calculate". Scroll down to see results in blue text.)
california meal break law, california rest break law

Introduction

Under California meal break law (which is much more generous to employees than federal labor law), if you are a non-exempt worker, you are entitled to a 30-minute uninterrupted, duty-free meal break if you work more than 5 hours in a workday.  You are also entitled to a 10-minute uninterrupted, duty-free rest breaks for every 4 hours you work (or “major fraction” thereof). If your boss doesn’t comply with break law 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.

California Rest Break Law Chart

Hours on the ClockRest Breaks
0 – 3:29 hrs0
3:30 – 6 hrs1
6:01 – 10 hrs2
10:01 – 14 hrs3
14:01 – 18 hrs4
18:01 – 22 hrs5

California Rest Break Requirements

  • Your boss must give you a rest break of at least 10 consecutive minutes that are uninterrupted.
  • Rest breaks must be paid.
  • 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.
  • 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.
  • Your boss may not require you to remain on work premises during your rest breaks.
  • You cannot be required to work during any required rest breaks. [Cal. Lab. C. 226.7]. BUT, you are free to skip your rest breaks provided your boss isn’t encouraging or forcing you to.

California Meal Break Law Chart

Hours on the ClockMeal Breaks
0 – 5 hrs0
5:01 – 10 hrs1
10:01 – 15 hrs2
15:01 – 20 hrs3
20:01 –4

California Meal Break Law Requirements

  • 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.
  • 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.
  • 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.
  • You cannot be required to work during any required meal break. [Cal. Lab. C. 512].
  • 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 breaks 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 breaks 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.

Can I Skip or Waive My Breaks?

Employers are required by law to make timely meal and rest breaks available to you, but they aren’t required to make you take them. That is up to you as the employee. If you decide to voluntarily skip or waive your meal or rest break, or to take them late, with no pressure or encouragement from the employer, then that is legally permitted. BUT remember, employers have the right under California labor laws to set your work schedule, including your break schedule. While not required to do it, employers have the right to order employees to go on their meal and rest breaks. If the employee doesn’t comply, the employer has the right to discipline or terminate the employee for insubordination. So it is always a good idea to discuss with your employer beforehand your intention to skip or waive any meal or rest breaks, or to take them late.

Can I Sue My Employer for Violating California Meal Break and Rest Break Law?

Yes you can, and you should. If your employer is denying you meal breaks and rest breaks, you would 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). We can help you file a California labor board complaint. Give us a call at (213) 992-3299. Note, 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.

I Am an Exempt Salaried Worker, Can I Still Sue My Employer?

The correct answer is “it depends”. There are many kinds of exemptions under California labor laws. If you are a supervisor, you may fall under the supervisor exemption, otherwise known as the executive exemption. But that exemption has many requirements which your employer may have blown. Also, other kinds of exempt employees are still entitled to meal break and rest break rights. For instance, truck drivers are often considered exempt and are not entitled to California meal and rest breaks (although they must get breaks after 8 hours under federal law). Another example are “inside salespeople” who sell products or services while physically stationed at the employer’s office. While normally considered “exempt”, they are still entitled to meal breaks and rest breaks. Again, consult a lawyer to see if your situation qualifies for breaks.

Call (213) 992-3299 and Get Your Labor Board Complaint Started Now

Feel free to give us a call at (213) 992-3299 if you want to discuss filing a labor board complaint. We have successfully obtained awards for our clients in over 97% of our trials and hearings — one of the best trial records in the State of California. Let us put our decades of legal experience to work for you.

Photo courtesy of cjmellows

3,419 Comments

  1. Sarita Bautista on August 6, 2017 at 2:00 pm

    I was a former employee at Butger King. I work 8 hour shifts 11-7:30 and they would give me my lunch after 6 hour and on a accation didn’t even receive my last break due to my supervisor wanted to take her lunch then give me a 10 min break. Is there violations I can file live in California

  2. Bg on August 5, 2017 at 2:01 pm

    My boss wants me to take my first ten minute break as soon as my shift starts,…can she do that?

  3. Wendy on August 5, 2017 at 11:18 am

    I worked for a trade school and teach two shift 5hours morning and 5 hours in the evening given me 10hours a day Monday thru thursday. Do I have to clock in/out for lunch if I am hourly rate. Does the employer should paid me overtime because is more than an 8hours a day eventhough is only 40hours a week.

  4. Elaine Munoz on August 5, 2017 at 6:38 am

    I work 8 hours straight with out break . My boss pays me for the whole 8 hrs. Should I be getting paid an extra hour?

  5. Casimir on August 4, 2017 at 8:11 am

    Does this mean we have to take our 30minute break at the 5 hour mark, if working a 10 hour day… or can we take it at say 5.5 or 6 hrs or even 7hrs into the work day???

  6. Elizabeth on August 4, 2017 at 5:34 am

    We start at 9am and my manager wants us to take our lunch break at 12pm, 3 hours into our shift. Can she do that? Is there a certain amount of hours you have to work before taking a lunch break?

  7. Lily Ellis on August 3, 2017 at 6:13 pm

    I work in a manufacturing company. We are non exempt employees. We are now subject to clock in and out for lunch to show we have complied with the “end of the 5th hr lunch break”. It has created great hardship for us to continuously remembering exact time to clock in and out for lunch. We have been threatened that we will be written up if we go under the 30 min lunch as they have to pay us a “premium lunch fee”. All this is not required by our floor unionized employees.Their collective bargaining agreement allows them to have lunch without the clock in and clock out proof.
    Question: Is there a way we can enter a simple agreement as a non union non exempt staff to not have to do this clock in/out arrangement provided we agree to take lunch at the appropriate time break?

    • Eugene Lee on August 3, 2017 at 11:39 pm

      Most IWC wage orders require the employer to maintain accurate, contemporaneous meal punch in and out time records. The fact that your employer has instituted the measures you mentioned actually suggests they are trying hard to comply with their obligations under California labor law. Maybe you all could look into a more convenient clock in/out system. But the clock in requirement isn’t unreasonable.

  8. Dundler mifflen on August 2, 2017 at 2:23 pm

    I run my own company, a paper company, and I’m working 16 hours a day. I am not getting any breaks at the office and I’m only getting one 31 minute lunch. Is this legal? Can I start a lawsuit ?

  9. Justin on August 1, 2017 at 2:16 pm

    My employer in california just had a meeting with us stating that we are now required to take a second lunch if we work past 8 hours, I had the understanding it was after 10 hours can they do this?

    • Eugene Lee on August 3, 2017 at 11:41 pm

      The law requires them to provide you with a second 30-minute lunch if your shift will be over 10 hours. However, I’m not aware of anything that prevents them from giving you the second 30-minute lunch if you work over 8 hours. If you are forced to go on breaks/lunches that exceed 1 hour, that could give rise to a split shift violation.

  10. Kay on August 1, 2017 at 11:44 am

    I work at a gas station ( was full time but now they hired another guy – in the only girl- they have the new guy my full time schedule and now I only work 3 days a week) We don’t get any breaks. Every shift is 8 hours. Of you need to go to the bathroom you have to lock the front doors and run to the bathroom. If you smoke you can go outside and smoke a cigarette in between customers, if a customer comes then you have to go back inside and help the customers. We don’t get any kind of lunch break and are not allowed to eat behind the counter so you have to eat in the back room but your not allowed to be in the back room for more than 30 seconds at a time because you can’t see if customers came in while in the back room. We get paid for 8 hours a day.

  11. Sh ly on July 31, 2017 at 3:37 pm

    If I work 4.5 hours and take a 30 minute break one day( unpaid) do I still get my 10 or 15 minute paid break? Are certian position entilted to more break time?

    • Eugene Lee on August 3, 2017 at 11:43 pm

      If you work 4.5 hours, you are entitled to one 10-minute paid rest break. The employer can permit you to take a 30-minute lunch if they want, but they’re not required to under law. The obligation to provide you with a 30-minute lunch kicks in if your shift is over 5 hours.

  12. David mmm on July 30, 2017 at 9:01 pm

    I have given my employer a doctors note requireimg me to take a 15 min brwak every 2 hrs and they said i have to clock out it is not paid for , arw they correct

    • Eugene Lee on August 3, 2017 at 11:44 pm

      That might constitute disability discrimination, if you need the constant breaks due to a type of disability. You should consult with a disability discrimination lawyer.

  13. Pat on July 30, 2017 at 2:46 pm

    I work at Dominos in California. On an 8 hour shift we will get a 30 minute unpaid lunch but no paid breaks. Is this legal?

    • Eugene Lee on August 3, 2017 at 11:45 pm

      On an 8 hour shift, you are supposed to receive two 10-minute paid rest breaks, and one unpaid 30-minute meal break.

  14. AC on July 29, 2017 at 5:57 pm

    In regards to the compensation, I worked an 11 hour shift with no breaks and I read that I am to be compensated for every missed break (meal or rest). So for working 11 hours, should I have been paid as if I worked 15 hours or 12 hours?

  15. Casey on July 27, 2017 at 3:01 pm

    So 30 minutes is the minimum lunch you can take. My employer is threatening to write us up if we go over 30 minutes on our unpaid lunch even though we are clocked out the entire lunch. They are “encouraging” everyone to bring there lunch and basically not allowing us to eat out. Is this legal?

    • Justis on July 29, 2017 at 6:38 pm

      Yes, an employer is allowed to write you up if you are any form of late. Even when clocked out.

    • Eugene Lee on August 3, 2017 at 11:47 pm

      They can’t “encourage” you to bring your lunch to work and eat on the premises. You must be allowed to go out if you wish during your lunch break. However, the employer has the right to limit your meal break to 30-minutes.

  16. Janelle on July 26, 2017 at 11:42 pm

    My husband works for a casino and their break periods seem a little off. His manager informed him within the first hour of his shift to take a lunch break. Is there a rule as to how early one is required to take a lunch break?

    • candy on August 2, 2017 at 12:23 pm

      it should be halfway thru the shift

    • Elizabeth on August 4, 2017 at 5:47 am

      I want to know the same!!

  17. Ryan on July 25, 2017 at 11:25 am

    If I work 16 hrs I am entitled to 3 lunches correct

    • Eugene Lee on July 25, 2017 at 4:20 pm

      Yes. And 4 10-min paid rest breaks

  18. Brenda on July 24, 2017 at 9:22 am

    I work 10 hour days and sometimes have to take my lunch in the first 2 or 3 hours leaving me to work 6 or 7 hours on the back end of my shift why isn’t this considered overtime

  19. John on July 22, 2017 at 8:01 pm

    As of June 2017 my employer is notifying us that “by California law” we must take a lunch with in 5 hours of my start time. In the past my employer and I have agreed that I take my lunch about 6 1/2 hours in to my shift to pick up my son from school. Is this how it works, or can I still do a late lunch if we both agree?

    • Aprilmarie on August 2, 2017 at 8:45 am

      You have to take that lunch break before the end of your 5th hour per California law. If NOT the employee can be sanctioned to pay you an additional hour of regular pay. There’s Nothing you or they can do about it. Sorry. Gonna have to find another way around it. Maybe change the shift to START later…..

  20. Kw on July 22, 2017 at 2:42 pm

    I work 5 hours to 5 hours and 45 minutes a day and I have never been given a break. I have never received an employee handbook (even though I have asked for one repeatedly). I have been working for this company for almost a year.

  21. Carol Buckley on July 22, 2017 at 8:45 am

    “Your boss may require you to remain on work premises during your rest break.” Is this still true after the recent California Supreme Court decision?

    • Eugene Lee on July 22, 2017 at 8:57 am

      I think you’re referring to Augustus v. ABM Security Services, Inc. That decision said rest breaks in California must be duty-free: “state law prohibits on-duty and on-call rest periods [ . . .] employers must relieve their employees of all duties and relinquish any control over how employees spend their break time”. So work must not intrude on a rest break. However, the court clarified: “Because rest periods are 10 minutes in length (Wage Order 4, subd. 12(A)), they impose practical limitations on an employee’s movement. That is, during a rest period an employee generally can travel at most five minutes from a work post before returning to make it back on time. Thus, one would expect that employees will ordinarily have to remain on site or nearby. This constraint, which is of course common to all rest periods, is not sufficient to establish employer control.” The court confusingly also mentions that an employee should be allowed to take a walk of 5 minutes out and back during their rest breaks and that being on call would prevent that. I’m not sure what to make of that. So I think to a certain extent you are right. Thanks for pointing this out.

      I think the definitive rule on this issue for now will remain the interpretation set out by the California labor board:
      “Q. Can my employer require that I stay on the work premises during my rest period? A. Yes, your employer can require that you stay on the premises during your rest break. Since you are being compensated for the time during your rest period, your employer can require that you remain on its premises. And under most situations, the employer is required to provide suitable resting facilities that shall be available for employees during working hours in an area separate from the toilet rooms.” While the supreme court is not bound by the labor board’s interpretations, the court definitely gives them weight.

  22. Anon on July 19, 2017 at 6:55 am

    I work at a company that hands out fliers. We’re required to meet by 545 am sharp to retrieve maps for the day. We then drive over to the neighborhood assigned and pass out the flyers. We walk until noon at which point we’re required to meet our “manager” at another location which takes about 15-20 minutes to drive to. My last few pay stubs have shown pay for work from 6 am to 12 and nothing before or after. Would this break the law, if so what rights do I have?

    • Anon on July 19, 2017 at 7:05 am

      Also forgot to mention the main reason I was on this website, were only given one 10 minute break throughout our shift. No meal and if we decide we want to take that 30 minute meal we forfeit that days “bonus”

      • Keith on July 19, 2017 at 1:25 pm

        Hello,

        It depends on which State you are located in. So, my first question: Which State are you in?

        • Anon on July 20, 2017 at 5:40 am

          I’m in California. My mistake I though this was solely for california.

  23. Don greer on July 16, 2017 at 4:52 pm

    I drive a cement mixer I pulled over to get something to eat 10 minutes and get written up for making a unauthorised stop I told them I took my break they say I have to get permission I am not found anything that says That I have to notify them when I pull over for my break

  24. Maria correa on July 13, 2017 at 1:41 pm

    Hi I work 7 hours a day and I have worked for more then 10yrs in this sea food restaurant and they never give me any lunch or break for the past 10yrs I have worked for them what are my rights ?
    Thank you

    • Eugene Lee on July 13, 2017 at 1:46 pm

      If you work 7 hours per shift, you are supposed to be permitted to take a 30-min uninterrupted unpaid meal/lunch break where you can go where you want and do what you want. You are also supposed to receive two 10-minute uninterrupted paid rest breaks, although the employer can require you to remain on site. If you signed a meal break waiver or an on-duty meal break consent, that could change things. However, meal break waivers do not apply when the shift is over 6 hours. However, it is important to keep in mind that taking a break is your responsibility, not your employers. Employers must not discourage or prevent you from breaking yourself, though. If you’re not able to take breaks because it is too busy, it is up to you to bring it up to your employer and make them aware so they can remedy your situation.

      • Maria correa on July 13, 2017 at 5:03 pm

        I have never taken a lunch and if I’m hungry I have to be eating standing up while working at the same time. Can I sue my work ? And I work in California

      • Matt on July 18, 2017 at 11:05 am

        I work 7.5 hours a day, does that mean I get two 10 min rest periods and also a 30 min lunch? Thanks!

  25. Luar on July 13, 2017 at 5:22 am

    Hello, I work at a manufacturing warehouse in California. I work full time, 8 hour days 5 days a week. Our boss only gives us a one 30 minute break in the middle of our shift after 4 hours. We do not punch out or anything and we get paid our full 8 hours as if we never clocked out for lunch. It seems to me that he just combined 2 15 minute breaks to do this. This to me and many employees where I work seems unfair. No one is really sure on what the law for breaks is so I thought I’d ask here, I would really appreciate some knowledge on the subject and what the law is regarding breaks for someone who works the time that I do. Thank you!

  26. Susan Ackley on July 11, 2017 at 2:45 pm

    Working in a care facility for elderly. Never given ten minute breaks working here for five months.
    Work nine hours the extra hour is for two thirty minute breaks on my dime. Not paid but forded to take the time. I know this is not legal! I received no breaks paid by this company.

  27. John on July 8, 2017 at 12:49 pm

    During the busy season which is picking cotton we work 16 to 17 hours a day 6am-10 or 11pm sometimes. We get one 30 minute lunch at 12 and two breaks at 9am and 3pm. Then at 6pm they bring us dinner but we get no lunch and no other breaks after the 3pm one. It’s been going in for years and years Is this legal just cus they bring us food we don’t get another lunch or break?

  28. Haley on July 7, 2017 at 11:57 pm

    I just worked a 6 hour shift and I didn’t get a break or a lunch break (30 min break?). Generally work 4-5 hour shifts because I’m under 18. My manager has told me that he will tell me when I can take a break or whatever but he hadn’t told me to take a break or anything during my 6 hour shift. What should I do?

    • Crystal on July 13, 2017 at 12:05 pm

      Notify them that they are in violation and if it happens again complain to the department of labor.

      • Eugene Lee on July 13, 2017 at 1:46 pm

        Yes, and make sure to do it all in writing, so there’s a written record to protect yourself.

    • Unknown on July 18, 2017 at 5:37 am

      Next time you work, don’t wait for your manager or an employer to tell to to take your break. Once you know you’ve worked for 4 hours or more, let them know you’re going to take your break.

  29. a on July 5, 2017 at 6:01 pm

    if i’m working 5 hours can i be forced to take an unpaid 30 minute break?

  30. Alice on June 30, 2017 at 9:11 pm

    Ask your employer.

  31. S on June 30, 2017 at 12:51 am

    I work graveyard shift( 9 pm to 7am) 4 shifts per week. I am the only person on premises for all but tge first and last hour of each shift and I am caring for anywhere from 12 to 70 or more dogs so I am requured to stay onsite for my entire shift. I get an hour meal break and 10 min rest breaks e very few hours . I rarely take the rest breaks which are paid but wondering, should my meal breal also be paid since Im not allowed to go offsite at all for any reason during my shift?

    • Jon on July 5, 2017 at 4:54 pm

      Yes you’re meal breaks should be paid if you have to stay on premises aka you have to work still. Slightly. Talk to your employer. You are required by law to be able to leave the premises on an unpaid lunch break.

  32. miranda schemel on June 29, 2017 at 8:52 pm

    I work usually from 3 to 10 sometimes a tad bit later no its only 2 employees closing not if we get busy and im unable to take a break is the owner allowed to stilll deduct the time from my check

    • Jon on July 5, 2017 at 4:55 pm

      Owner is not allowed to deduct that time out if you didn’t take it. Sounds like they cut corners to save money. Talk to a lawyer.

  33. David on June 27, 2017 at 9:03 am

    I just accepted a temp assignment and I’m researching this right now… it appears that the question of whether an employer is mandated to offer a Meal Period as well as paid Rest Periods may not have been litigated.

    Clearly, there are regulations for each, but I’m unable to find case law or a regulation that mandates that an employer SHALL offer both (crazy right?) Clearly, a departure from the general rule. Needless to say, pick a different ASAP as that is complete B.S.!

  34. Alvaro on June 27, 2017 at 4:11 am

    I am currently working 5hours straight, with one hour break and work 3hours after. I didn’t waive my break time, nor was I aware that I had a break allowed in the morning. Am I allowed to have a 30min paid lunch still?

  35. Genovia on June 26, 2017 at 11:21 am

    I work 11p-730am. I hold the charge phone. I am the ONLY nurse on duty in my department therefore I hold the phone through all breaks and lunches. I asked if I could leave at 7 in lieu of my lunch and they said I could clock out early but I have to clock out for lunch by 3am. Again, I have no one to give the phone to.

  36. Alex on June 24, 2017 at 7:48 pm

    I know that you must take your lunch before your 5th hour, but is there any guidance on how soon you can take your 30 minute meal break?

  37. Allen joe on June 24, 2017 at 3:52 pm

    I work a labor job only 6 hours a day but its consist work I mean literally non-stop with the 2 managers on everyone’s asses.(car-detailing)

    In a 6 hour shift they tell me 10mins but it takes atleast 5 mins to walk to and from the breakroom so I just take 15 mins.

    I never signed or agreed to waive my 30min lunch. So if I were to say take it to court would I qualify for that extra one hour pay for each day or no?

  38. JoAnn Lewy on June 24, 2017 at 8:43 am

    I work 11am to 3pm a 4 hour shift. Do I get a 10 minute break and can I take it at any time?

  39. Jake on June 23, 2017 at 12:16 am

    I work from 9 to 5 but I’m paid from 8 to 5. I get a one hour lunch after being there for 4 hours. Am I also entitled to 2 10 minute breaks? I work in an office

  40. Kassidy Forsythe on June 22, 2017 at 6:29 pm

    My employer forces us to clock in then clock out 1 minute later for a 30 minute lunch every day at the beg of our shifts. My shifts are always 6 hours (union mandated). Is there any way to voluntarily NOT take a meal break? I feel like theyre basically forcing me to work without pay 30 min every day since i am required to be HERE but not earning any money.

  41. Sid on June 22, 2017 at 6:26 pm

    My employer forces us to clock in then clock out 1 minute later for a 30 minute lunch every day at the beg of our shifts. My shifts are always 6 hours (union mandated). Is there any way to voluntarily NOT take a meal break? I feel like theyre basically forcing me to work without pay 30 min every day since i am required to be HERE but not earning any money.

    • Mary on July 7, 2017 at 12:15 pm

      I would really like to know this. My understanding was there is no California penalty for the meal break if the employee and employer agree no lunch will be taken as long as the employees work fewer than 6 hours (5 hours and 59 minutes being the cut off)

  42. Omar Puente on June 22, 2017 at 1:07 pm

    My wife’s job b they where told that they couldn’t go out and buy food anymore that they need the employees to be near just in case they need them… isn’t your lunch break your personal time? As long as you’re not doing anything illegal…

    • ST on June 25, 2017 at 1:44 pm

      Not if it’s a Paid Meal. Anything paid, you aren’t required to work, but can be mandated to not leave the premises.

  43. TT on June 22, 2017 at 10:12 am

    I work 8 hours a day and get only an hour lunch break. Is this okay? My boss said the 2 ten minute breaks already included in the lunch break.

    • Jake Bern on June 22, 2017 at 12:46 pm

      You work 8 hours a day and ONLY get 1 hour of break? How much more time do you need to eat?

    • kayla moore on July 8, 2017 at 1:02 pm

      Technically with an 8 hour shift you’re only entitled to 30 minutes, which is what most people get. Be grateful.

  44. Icelz on June 21, 2017 at 4:19 pm

    Hi
    Are the employers supposed to paid for the 30 minuteso lunches break or just the 10 minute break

    • Eugene Lee on June 21, 2017 at 6:50 pm

      Just the 10 minute rest breaks

      • Judy on July 18, 2017 at 9:54 am

        If an employee declines the paid rest breaks and continues to work, does he get additional pay for the breaks in addition to his hourly wage?

  45. jamie on June 21, 2017 at 12:18 pm

    What happens If you file against a job who is only giving you a 30 minute lunch break for 8 hours of work? I have never had a 10 min break and neither have my colleagues.

  46. Dwight Albert on June 19, 2017 at 4:18 pm

    I work from 6am to 230pm and I take my lunch break at 11:15-11:45. Is this a violation? That’s after the 5th hour.

  47. Robert Martinez on June 19, 2017 at 12:24 pm

    At our job people are getting lunch breaks 8 hours into the shift is that a violation ? Example the clock in at 6:30 pm and they take lunch at 2:30 am

    • Eugene Lee on June 19, 2017 at 12:27 pm

      the lunch must start no later than the end of the 5th hour into the shift

      • Robert Martinez on June 20, 2017 at 1:25 pm

        So if that doesn’t happen are we owed monies ?

      • Larry on June 27, 2017 at 8:25 am

        If you start at 7:30am the latest they can give lunch would be when? 12:30pm or 1:30pm?

  48. David on June 18, 2017 at 5:15 pm

    I work 7 and half hours i get an hour lunch and 2 ten min breaks is that accurate

    • Eugene Lee on June 18, 2017 at 7:38 pm

      I think you are getting the legally correct number of meal and rest breaks.

  49. Gary R Williams on June 18, 2017 at 11:08 am

    I work 8 hours a day for the last 9 years in the same place and very rarely get a break. Albeit I’m usually the only one on site. Am I still entitled to breaks or no? I get them every now and then. I only took up smoking so that I could stand outside for a minute, but even when I do that, I’m right back in dealing with customers. What are my rights on this?

    • Eugene Lee on June 18, 2017 at 7:40 pm

      If you work 8 hours a day, you should be getting one 30-minute meal break and two 10-minute rest breaks. There are some exceptions, but most employees in most workplaces should be getting this.

      • Wade y on June 22, 2017 at 8:07 am

        If you work just under 8 hours are you still entitled to a second 10 minute break?

        • Eugene Lee on June 22, 2017 at 8:28 am

          Yes, as long as you work over 6 hours, you are entitled to a second 10-minute rest break.

  50. Enrique Rodríguez on June 15, 2017 at 2:01 pm

    I work 8 hours days and get only 1 30 min break is that ok or are they suppose to give me more breaks sometimes 9 or 10 hoyrs and still get only 1 break

    • JC on June 16, 2017 at 11:39 pm

      You should get a 10 minute paid break for every 4 hours work. In this case, 2 10 minute breaks.

      • Eugene Lee on June 18, 2017 at 7:41 pm

        JC is correct. If you work over 10 hours, you should get a THIRD 10-minute rest break.

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