Work State Law For Breaks
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FAQ
If you work at least 3.5 hours in a day, you are entitled to one rest break. If you work over 6 hours, you are entitled to a second rest break. If you work over 10 hours, you are entitled to a third rest break. Rest breaks must to the extent possible be in the middle of each work period.
If an employee works 8 or more consecutive hours, the employer must provide a 30-minute break and an additional 15 minute break for every additional 4 consecutive hours worked.
Under California law, non-exempt employees are entitled to one unpaid 30-minute meal break, and two paid 10-minute rest breaks, during a typical 8-hour shift.
The Occupational Safety and Health Administration (OSHA) has neither researched nor issued standards requiring that workers be permitted lunch and rest breaks in the course of their workday.
Yes, your employer can require that you stay on the premises during your rest break. Since you are being compensated for the time during your rest period, your employer can require that you remain on its premises.