California Law For Breaks
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FAQ
Your employer can't make you clock out just to take a 10-minute break. Your employer can't make you work during any required rest break, either, although you can choose to skip a break (as long as your supervisor isn't encouraging you or forcing you to skip it).
Rest breaks are counted as hours worked, and thus, employees are not required to record their rest breaks on their timecards or in the company's timekeeping system. It is company policy to relieve employees of all duty during their rest breaks, so that employees are free to use their rest break time as they wish.
Most California workers must receive the following breaks: An uninterrupted 30-minute unpaid meal break when working more than five hours in a day. An additional 30-minute unpaid meal break when working more than 12 hours in a day. A paid 10-minute rest period for every four hours worked.
No, under California law rest period time is based on the total hours worked daily, and only one ten-minute rest period need be authorized for every four hours of work or major fraction thereof.
California employment law requires employers to give non-exempt employees (which means ?hourly? employees) one 10-minute rest break for every four hours of work. This break is paid and must be ?uninterrupted? ? meaning the boss can't ask the employee to do any work during the break.