Rest Breaks: The Nuts and Bolts

What is a “Rest Break?”

Non-exempt employees in California are entitled to ten-minute rest breaks for every four hours, or major fraction, of work performed. In a typical eight-hour shift, a non-exempt employee is entitled to two ten-minute rest breaks. The first should occur within the first four hours of one’s shift, and the second should occur within that last four hours of one’s shift.

A rest period is not required for non-exempt employees who work less than 3.5 hours in a day.

Rest Breaks Requirements

Rest breaks must be at least ten minutes and employers must relieve the employee of all duties during the rest break(s). Said differently, an employee must be allowed to take their rest breaks without interruption. Rest breaks are paid, meaning a non-exempt employee should not clock out for their rest break.

Penalties

If an employer fails to give a non-exempt employee a rest break, the employee is entitled to one extra hour of his or her regular rate of pay for each day that the rest break is not provided. For example, if an employee earns $20 per hour and their employer does not allow them to take rest breaks for five consecutive working days, the employer owes the employee a $100 “premium” ($20 for each of the five working days).