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A experienced rest break lawyer will be able to calculate this amount.īefore you continue reading, sign up for our free monthly employment newsletter! We will email you useful employment information that will help you protect yourself from workplace abuse. If your employer forces you to skip the break, you are owed a hour of pay. Over time, the premium pay can add up to a substantial amount. There may be exceptions in the applicable wage order for your industry. But make sure you check the applicable wage order for your industry before you run off to the labor board to file a claim for unpaid wages. Unfortunately, many employees across California are rarely granted a break, if at all.

Hourly employees who work between 10 and 14 hours get three uninterrupted 10-minute break periods.

Hourly employees who work between 6 and 10 hours get two uninterrupted 10-minute rest periods.

Hourly employees who work between 3.5 and 6 hours get one uninterrupted 10-minute break period.

Hourly employees who work less than 3.5 hours in a shift don’t get a 10-minute rest period.

This means that a second rest break must be provided if the employee worked over six hours, and so on. It depends on the length of their shift. Most of California’s wage orders provide for 10 minutes of rest for each four-hour work period (or major fraction thereof). How Many Rest Breaks do CA Employees Get? After you watch it, make sure that you read the rest of this page to get a complete picture of how rest break law plays out in the real world. Employee’s may voluntarily elect to skip their break, but if the company forces the worker to skip the break, that employee is owed one additional hour of premium pay as a penalty.īranigan made the below whiteboard video to explain CA’s rest break law to non-lawyers. The break should fall close to the middle of the four hour shift, not at the very beginning or end. This break is paid and must be “uninterrupted” – meaning the boss can’t ask the employee to do any work during the break. And, if you average 40 hours a week, this 2.California employment law requires employers to give non-exempt employees (which means “hourly” employees) one 10-minute rest break for every four hours of work.

If you work 5 shifts a week, you are being shorted 2.5 hours worth of work per week. Under this example you are being shorted 30 minutes worth of pay for each shift you work. and rounds your clock out time backward to 5:00 p.m. and “clocked out” at 5:15 p.m., for compensation purposes, the electronic time keeping system rounds your clock in time forward to 8:00 a.m.

Even though you “clocked in” for your shift at 7:45 a.m. because you had to turn back in the tools and equipment necessary for your job, change out of your uniform, attend a post shift meeting, or because your replacement was late. At the end of your shift, you clock out at 5:15 p.m. in order to attend a pre-shift meeting, gather the tools and equipment necessary for your job, ready your work station, boot up your computer, change into your uniform, or perform other work. However, you clock in for your shift at 7:45 a.m. and your scheduled shift end time is 5:00 p.m. Your scheduled shift start time is 8:00 a.m.

Examples of illegal “rounding” practices of shift start and end times include the following: It is a common practice for employers to use electronic time keeping systems which illegally “round” their employees’ start and end times resulting in the employee getting paid for less time then he/she actually works.