California law requires employers to allow their nonexempt employees to take a minimum 10-minute rest break for every four hours worked, or major fraction thereof. California considers anything more than two hours to be a “major fraction” of four. California law does not require a 10-minute rest break where the shift is no more than three and one-half hours. The 10-minute rest break is taken on-the-clock, which means that the employee is paid for the time. Rest breaks do not have to be tracked on the employee’s time records like the meal breaks. Like meal breaks, employees must be relieved of all duty during their rest breaks and must be allowed to leave the premises during their rest breaks. The employee’s 10-minute rest breaks begins when the employee reaches an area away from the workplace that is suitable for a break. Employers are required to provide their employees with a suitable resting area that is separate form the bathrooms.
If an employer fails to provide an employee with a lawful and complaint rest break, the employer must pay the employee one additional hour of pay at the employee’s hourly rate for each workday on which the rest break was not provided.
