Basic rules For shifts 10 hours or longer, an employee is entitled to two 30-minute breaks. An employee is not entitled to any breaks if their shift is 5 hours or less. If an employer and an employee agree, the break may be taken in 2 periods of at least 15 minutes.
Basic Entitlements In an 8-hour shift, the ESA requires that an employee be given a 30-minute meal break. This break must be provided within the first 5 consecutive hours of work. If you work an 8-hour shift, this means you are entitled to one uninterrupted 30-minute meal break.
California requires employers to provide employees with ten-minute rest breaks for every four hours (or major fraction) worked. Anything over two hours is a “major fraction” of a four-hour period.
Yes, you can bring a legal claim associated with the employer not providing you with a reasonable opportunity to take your meal or rest periods.
Employers who make it difficult or impossible for their workers to take these legally-protected breaks owe their workers compensation for forcing them to miss their breaks. Should they fail to provide this compensation, these employers could face a lawsuit based on California law.
If you wish to report a widespread violation of labor law by your employer or a violation affecting multiple employees, please contact LETF via phone, online lead referral form or email: Call the LETF Public hotline anytime: 855 297 5322. Complete the Online Form / Spanish Form. Email us at letf@dir.ca.