California’s labor laws offer specific protections for employees, including the right to have regular rest periods during the workday. These breaks are separate from meal breaks and serve an important role in ensuring workers have time to recharge during their shifts.
Under California law, employees are entitled to take a paid 10-minute rest period for every four hours they work or major fraction thereof. A “major fraction” generally means any time worked over two hours.
What’s considered a rest period?
These rest periods must be counted as time worked and can’t be deducted from the employee’s pay. Employers must make a good faith effort to provide employees with these breaks in the middle of each work period, but there is some flexibility allowed based on the nature of the job.
Rest periods must be uninterrupted. Employees shouldn’t be asked to perform work duties or remain on call during this time. The purpose is to allow a genuine opportunity to rest.
What if a rest break isn’t provided?
When an employer doesn’t provide a required rest period, the law allows the employee to recover one additional hour of pay at their regular pay rate for each workday that a rest break wasn’t provided. This should encourage employers to consistently honor break requirements.
Workers aren’t required to take their rest breaks, but the employer must still make them available. An employee can’t be forced to skip or delay a rest period to meet productivity goals or deadlines. If they voluntarily choose not to take a break, there’s no penalty, but that choice must be free from pressure.