CALIFORNIA REST PERIOD LAWS

If you work a certain number of hours, you are entitled to meal and rest breaks in California. Although it is common knowledge that employees are to be given rest periods, we often find employers who routinely violate this basic entitlement. Consult with an experienced employment attorney in California from the Law Offices of Alex Tovarian if you feel that your right to a rest period has been violated.

California work rest break laws also require employers to:

  • Allow you at least 10 consecutive uninterrupted minutes of rest

  • Provide you a reliable and safe place to enjoy your rest break in an area separate from your workstation

  • Pay you for your rest breaks

Depending on the number of hours you work, your rest periods must take place as follows:

  • Employees can take a 10-minute rest break for every 4-hours of work

  • You are entitled to a 10-minute rest break after 3-1/2 hours of work if your work shift is for more than 6-hours

  • You can seek 3-rest breaks for shifts exceeding 10-hours and up to 14-hours

  • For longer shifts, your rest break should be scheduled so that it falls once every 4 hours

When an employer refuses to pay for your meal and rest breaks under these situations, it is likely a violation of California work break laws. You should consult with a California employment lawyer to discuss your potential case and to examine your pay and employment records for evidence of a violation. 

In addition, your employer needs to provide you with an appropriate rest area apart from your workstation. Your rest period begins when you arrive at the rest area. Should your employer be found to have violated the state’s rest break laws, your California employment lawyer can see that you are paid an extra hour of pay at your regular hourly rate for each workday violation. In some cases, this could be substantial. Your employer also faces significant fines for a violation of California work break laws.  

You have 3-years from the date of the violation to bring a claim or you may waive or lose the right to collect compensation. Promptly consult with an employment attorney Alex Tovarian, a lunch break & meal break lawyer, who can advise you if you have a valid claim for compensation for a violation of any California labor laws.