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.
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.
In compliance with California labor laws, nonexempt employees are entitled to an unpaid meal or lunch break lasting a minimum of 30 minutes for shifts exceeding five hours. This break, which should commence before the completion of the fifth hour of work, can be waived only if the workday does not surpass six hours.
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.
Generally, exempt workers are entitled to unpaid meal breaks, but not all of them are entitled to rest periods. If you are not sure of where you fall, talk to attorneys at Orange County Workers Compensation Attorney to find out whether you are entitled to these breaks.
Requirements for Rest Breaks in California Hours WorkedNumber of 10-Minute Rest Breaks 0 to hours 0 to 6 hours 1 to 10 hours 2 10.01 to 14 hours 31 more row
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.
California Rest Break Law Chart Hours on the ClockRest Breaks – 6 hrs 1 – 10 hrs 2 – 14 hrs 3 – 18 hrs 42 more rows