Hypotheticals

Employee Rest Periods

By 
Douglas Robbins
May 24, 2021
QUESTION: Except for lunch, my employer refuses to provide any rest breaks. Should I be getting breaks under California law?

The Answer is: YES. Beyond lunch breaks, employees also must receive ten-minute rest periods. Here are the rules:

1.       No rest period for a shift of 3.5 hours or fewer.
2.       “Employees are entitled to 10 minutes rest for shifts from three and one-half to six hours in length . . . .”
3.       Employee gets two 10 minute breaks, or twenty minutes, “for shifts of more than six hours up to 10 hours,” and
4.       Three ten minute breaks “30 minutes for shifts of more than 10 hours up to 14 hours.”

Brinker Rest. Corp. v. Superior Court, 53 Cal. 4th 1004, 1028-29 (2012).

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