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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).
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.
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.
Nonexempt California employees must be given a meal or lunch break for a minimum of 30 minutes for shifts longer than five hours. This break is unpaid, uninterrupted, and must begin before the end of your fifth hour of work. This break can be waived if your work day isn't longer than 6 hours.