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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. The break should fall close to the middle of the four-hour shift, not at the very beginning or end.
Applicable to every employer. Meal period is required where employees are not afforded necessary breaks and/or permitted to eat lunch while working. ½ hour, after 5 hours, except when workday will be completed in 6 hours or less and there is mutual employer/employee consent to waive meal period.
Rest breaks: Only nine states require any rest breaks. California, Colorado, Kentucky, Nevada, Oregon and Washington require 10-minute breaks for every 4 hours of work. Minnesota and Vermont require reasonable bathroom breaks.
Employers must provide employees with at least a 30-minute meal break for every 8 hours of continuous work. In addition, employees must be provided with at least a 10-minute rest break for every 4 hours worked in a day. If the employee's total work time is 3 ½ hours or less, then a break is not required.
Break entitlement In general, you are entitled to a 15-minute break when you have worked for 4 ½ hours. If you work more than 6 hours you are entitled to a 30-minute break, which can include the first 15-minute break. There is no entitlement to be paid for these breaks, and they are not considered working time.
An employee is entitled to at least 30 minutes of rest paid or unpaid in each shift that is 5 consecutive hours of work, unless one of the following occurs: it's not reasonable for the employee to take a rest period. If the employee is unable to take their break, then it must be paid.
In general, you are entitled to a 15-minute break when you have worked for 4 ½ hours. If you work more than 6 hours you are entitled to a 30-minute break, which can include the first 15-minute break. There is no entitlement to be paid for these breaks, and they are not considered working time.
An employee is working a seven-hour shift. Unfortunately, their employer fails to provide them with any meal breaks or rest periods. Even though they missed two rest breaks and one meal period, they are only entitled to two extra hours of pay. Pay the one-hour penalty for the missed break.
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