In California, what are the basic requirements for a rest period?
California employees must receive a 10 minute paid break for every 4 hours that you work. If possible, the break should be as close as possible to the middle of the work period. In California, if your employer does not give you a 10 minute break for every 4 hours you work, your employer must pay you for 1 hour extra, at your normal pay rate, each week for every work day that you did not receive a rest period. You can file a California rest period wage claim if your employer does not compensate you for an extra hour each week for every day you did not receive a 10 minute paid break. File a rest period wage claim in California for your denied 10-minute rest periods because it is your right as a CA employee.
Jane employee is a non-exempt employee in California. She typically works 8-hour days, from 9:00am to 5:00pm. During one workweek, Jane was denied 2 10-minute rest periods. On Tuesday, her boss would not let her take a 10 minute paid break at 10:00am. The same thing happened on Friday, when Jane’s boss refused to let her take a 10-minute break around 3:00pm. When Jane asked for 2 hours extra of pay for that week because she was denied 2 10-minute rest periods, her boss said no. Jane can file a rest period wage claim in California, because under California law, all employees must get a 10-minute paid rest period for every 4 hours he or she works. If a California employee is denied 10- minute rest periods for each 4 hours of work, they must receive an extra hour of pay at their regular wage each week for every day a break was not given. Jane’s boss must pay her for 2 hours of additional pay for that workweek at her normal rate of pay. If her boss does not, Jane can file a rest period wage claim in California.
If you have a question about California rest period law or want to file a rest period wage claim, contact Strauss & Strauss APC now.