California has established the 10-minute rest break law for non-exempt employees. Under this law, an employer must provide these workers with 10-minute rest breaks, separate from meal breaks, during which employees can use the restroom, get a snack, make a personal call or simply relax.
Specifically, employees get a paid 10-minute break for every 4 hours worked or a major fraction thereof. This break is mandatory for employees. Independent contractors or freelancers can take as many breaks as they like, as they’re not under the governance of any “boss” because they’re technically self-employed. So, which employees are entitled to this benefit under California law?
Non-exempt employees must take breaks for their well-being
Imagine working non-stop for hours on end. Sounds exhausting, right? That’s why California law mandates these crucial rest breaks. Here’s who’s entitled to these breaks:
- Retail workers juggling customer demands
- Warehouse staff lifting and sorting all day
- Restaurant employees on their feet for hours
- Office workers glued to their computer screens
- Healthcare professionals providing round-the-clock care
- Construction workers battling the elements
Most hourly workers in California are non-exempt and entitled to these breaks as long as they work at least 3.5 hours a day. However, some exceptions exist, so it’s important to understand your specific job classification.
Your employer may legally withhold these breaks if California law properly classifies you as exempt (such as certain salaried executive, administrative or professional employees who meet specific legal criteria).
Assert your right to recharge
Remember, these breaks aren’t just a luxury – they’re your right. By taking them, you’re not only following the law but also taking care of yourself. So next time your boss tries to skimp on your breaks, remind them: in California, rest isn’t just recommended; it’s mandatory.
Report workplace violations
If your employer denies you these legally mandated breaks, pressures you to work through them or does not pay you for this time, and they’ve been doing that consistently, you have a right to report this violation to the California Labor Commissioner’s Office.
Consider reporting this violation of the labor code, especially if missing these breaks is causing you physical strain, mental stress or impacting your overall job performance.