Breaks during the work day divide the time into practical periods Californians are readily willing to work. The breaks are rewards for the commitment to a full day's work and are not left open to question. The time off work gives workers a chance to get rest and go to lunch.

The California Labor Code gives the final word on mandatory breaks. Workers need guaranteed time.

A Regular Work Day

Asking for too many hours in a row from a worker can get in the way of their willingness to work and actually reduce the worker's productivity by tiring the worker out. A worker does not have to sacrifice casual time to get work done. A well planned work day encourages dedicated work.

Rest Breaks

A full work day typically comes with two rest periods, one in the morning and one in the afternoon. Employers must give a worker 10 minutes for rest once every 4 hours of work. A major fraction of 4 hours, 2 to 3 1/2 hours, counts as one of the half day periods.

The middle of the half day work period (e.g. morning or afternoon) is the right time for a break. Employers have a responsibility to agree with workers on a convenient time that actually gives a worker a break from the constant work on the clock. Early in the morning work time and late in the day before the worker goes home are the worst times for breaks.

The employer can agree with the worker to add a 10 minute break to the 1/2 hour lunch for the second break in the day. As long as there is a break in each four work hours.

The two sides can not agree on counting a restroom break as a rest break. A cool down period during a hot day's work heat illness can be a problem is also not a rest break.

Working less than 3 1/2 hours is not too long to work until the clock hits the last minute. No break period is needed. The law does not ask the employer to give one.

When the employer asks workers to stay at the workplace during their rest breaks, they have to give them a break room or other convenient place.

Employers that pay workers that work on site in the construction, drilling, logging, and mining industries can stagger the breaks to keep operations moving ahead and not hold back the flow of work. They can even pass on breaks when the work demands make it necessary, but they do have to pay the worker for the missed ten minutes at the regular rate.

A crew member on an overnight trip on a commercial passenger fishing boat gets at least 8 hours off duty time during each 24 hours in addition to meal and rest periods.

Swimmers, dancers, skaters, and other performers that produce during strenuous physical activity get an additional rest break.

Meal Breaks

A lunch in the middle of the day is a main convenience. Employers must give their workers that work 5 hours a 30 minute meal break. The employer can agree with the worker in writing to not use the first meal break when the full day is 6 hours or less.

Workers that work more than 10 hours get two breaks. The employer and worker can agree to not use the second meal break when the full day is less than 12 hours, but the worker can revoke the agreement with a 1 day notice.

Workers have to have a lunch room at work, or other convenient place, to go to when the employer asks them to stay at the workplace during their meal breaks.

When the worker is not let out of their work responsibilities during the meal period, it is a work period paid on the clock. Employers can agree to pay a worker to stay on the clock when necessary.

Employers can ask a worker to stay at the workplace during a paid meal break.

When an employer asks the worker stay at the workplace during the meal break, it is a paid meal break.

Workers in the motion picture industry in rehearsal or on a shoot have their own meal break rule. They get one 1/2 hour to 1 hour break for six hours work. A second break must come no later than six hours after the first.

Health care workers that work more than 8 hours can agree in writing to not use one of the two meal breaks.

Meal breaks, and rest breaks, can not count as the off time during a split shift schedule.

Overtime Pay

Paid break periods do not count for overtime pay.

One Hour's Pay

Employers who do not stick to their promise to give a rest break or a meal break have to pay their worker one hour's worth of pay at the worker's regular rate. One hour's pay is given for each day the worker misses on a break.

Filing A Claim

Workers that do not convince an employer to give them a break, or a hour's pay, can file a wage claim wit the Department of Labor Standards Enforcement.

Well Made Work Plans

Every morning is a fresh start at work. Patient planned work produces the best results and gives the worker the extra time they need to stay fully able and dedicated to their work

Sources:

California Labor Code Section 512 (2011).

California Labor Code Section 226.7 (2011).

California Department of Labor Standards Enforcement, The DLSE Enforcement Policies and Interpretations Manual, Revised (2008).