Employer Refusing Rest Periods During 8-hr Shifts

What can I do if my employer does not allow me to take rest periods during my eight-hour shifts?

You could file a rest period wage claim in California with the Labor Commissioner’s Office or you can file a lawsuit against your employer in court. For every day that you were denied a rest period by your employer, you are entitled to an hour extra of compensation at your regular rate of pay. Under California law, you are entitled to a 10-minute rest period for every 4-hour work period. If your employer doesn’t allow you to take rest periods, your employer is at fault and you could file a rest period wage claim in California.


Jane works eight-hour shifts most of the time. Jane should receive 2 10-minute rest periods every workday. Jane’s employer has refused to let Jane take her 10-minute rest periods. Jane could file a rest period wage claim in California to recover the compensation of one hour of work for every day that she was denied a rest period. If Jane was denied rest periods every day for one work week, Jane would be entitled to 5 hours of extra pay at her normal hourly rate. If Jane’s employer refuses to compensate her for 5 extra hours, Jane should file a rest period wage claim. Jane can also contact a rest period wage claim lawyer who is knowledgeable in rest period law.

If you have a question about California rest period law or want to file a rest period wage claim, contact Strauss & Strauss APC now.

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