What is a Rest Period?
Pursuant to the California Labor Code, non-exempt employees are entitled to a 10-minute uninterrupted rest period free from the duties of work for every four hours or major fraction thereof of work. If an employee works over 3 ½ hours, they are entitled to one rest period. If an employee works over 6 hours, they are entitled to a second rest period. If an employee works over 10 hours, they are entitled to a third rest period. Unlike meal periods, time spent during rest period is compensable time. An employer cannot require an employee to skip or work through rest periods and should not interrupt an employee’s rest period with work related questions and requests.
What is a Meal Period?
Pursuant to the California Labor Code, non-exempt employees are entitled to an uninterrupted 30-minute meal period that is free from the duties of work before the end of the fifth hour of work. If an employee works over 10 hours, they are entitled to a second uninterrupted 30-minute meal period. During meal periods, an employer does not have to compensate an employee unless they are required to work under the direction or control of the employer. An employer cannot require an employee to skip or work through meal periods and should not interrupt an employee’s meal period with work related questions and requests.
Legal Liability
If your employer has violated your meal or rest period rights, you may be entitled to premium pay of one hour for each violation per day, statutory penalties, and interest.
The content on this website is not legal advice, does not establish an attorney-client relationship, and does not guarantee any particular outcome.
