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Q.What are mandatory rest breaks?
A.California requires that employees take a 10-minute rest break if they work over three and a half hours a day. For each four hour portion of an employee's shift the employer must make sure the employee takes the 10-minute rest break in the middle of the four hour period. Rest breaks are work time and the employee must be paid for them. If the employer fails to provide an employee with a 10-minute rest break, the employee can recover one hour of pay for each work day that the rest period is not provided. An exception to the rule is made for bona fide "exempt" employees. Exempt employees are not subject to this rule.
To see the requirements for a mandatory rest period in other states, visit the U.S. Department Of Labor.
If you would like assistance with filing a California wage claim with either the California Labor Commissioner or a California Small Claims Court, call 818-849-5206 or email Melissa C. Marsh, Esq. to speak with a licensed California attorney. Mention this article and receive a 30-minute consultation for just $99.
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