All employees in California should be aware of the laws that allow them to have rest and meal breaks. Rest periods are crucial for employees during the workday, but not all employees adhere to employment laws, and they may refuse to provide workers with the rest periods they deserve.
A rest break in California must be provided to employees who work a certain number of hours. If the employer fails to provide the 10-minute rest period, they are in violation of the laws and you may be able to take legal action to protect your rights.
Requirements for Rest Breaks
Employers require employers to give employees 10-minute rest periods once they work a certain number of hours. The rest period must consist of 10 consecutive and uninterrupted minutes. Here’s how many breaks an employee must receive:
- 0 breaks if the employee works less than 3 hours and 29 minutes.
- 1 break if the employee works between 3:30 and 6 hours.
- 2 breaks if the employee works between 6:01 and 10 hours.
- 3 breaks if the employee works between 10:01 and 14 hours.
- 4 breaks if the employee works between 14:01 and 18 hours.
Employers should provide employees a suitable location for their 10-minute rest periods. As an employee, you have the ability to waive your right to this rest break; however, your employer cannot pressure you into doing so. The decision must be yours and yours alone.
In the event your employer forces you to waive your rest break or they refuse to give you one, they are violating your employee rights. You can report your employer, and if he or she retaliates against you, know that you may pursue compensation for any losses you endure.
Our Irvine employment attorneys at Aegis Law Firm are intimately familiar with wage and hour laws and will work with you to safeguard your rights. We’ll be by your side every step of the way. Trust us to be your advocates through complex legal matters.