📋 California Rest Break Requirements
California mandates paid rest breaks separate from meal breaks. Rest breaks must be provided, cannot be waived, and must be compensated at your regular rate of pay.
Basic Rest Break Rules
10 Minutes Per 4 Hours
One 10-minute paid rest break for every 4 hours worked (or major fraction thereof).
Paid Time
Unlike meal breaks, rest breaks are paid time. You stay on the clock.
Middle of Work Period
Rest breaks should be taken in the middle of each 4-hour work period, when practicable.
Duty-Free
You must be relieved of all duties during rest breaks. No work, no on-call status.
Rest Break Schedule
| Hours Worked | Rest Breaks Required | Notes |
|---|---|---|
| 0 to 3.5 hours | 0 rest breaks | No rest break required |
| 3.5 to 6 hours | 1 rest break (10 min) | "Major fraction" of 4 hours triggers requirement |
| 6 to 10 hours | 2 rest breaks (10 min each) | One in each half of shift |
| 10 to 14 hours | 3 rest breaks (10 min each) | Third break for extended shifts |
| 14+ hours | 4+ rest breaks | Pattern continues |
What Counts as a Rest Break Violation
You're entitled to rest break premium pay if your employer:
- No rest break provided - You worked through without any break
- Short rest break - Break was less than 10 minutes
- Interrupted break - You were called back or required to work during break
- Not relieved of duty - Required to stay on-call, answer phone, monitor equipment
- Denied break - Told you couldn't take a break due to workload
- Combined with meal - Rest breaks cannot be combined with meal breaks
Rest Breaks vs. Meal Breaks
Key differences:
- Rest breaks are PAID - Meal breaks are unpaid
- Rest breaks are 10 minutes - Meal breaks are 30 minutes
- Rest breaks cannot be waived - Some meal breaks can be waived
- Rest breaks stay on employer premises - Meal breaks you can leave
- Both trigger 1-hour premium for violations
The "Authorize and Permit" Standard
Employer's Obligation
Employers must "authorize and permit" rest breaks. This means:
- Actively make rest breaks available to employees
- Not impede or discourage employees from taking breaks
- Provide adequate staffing so breaks are actually feasible
- Not create pressure or policies that discourage breaks
If workload, understaffing, or management pressure makes taking breaks impractical, that's a violation - even if no one explicitly told you not to take a break.
⚖ Legal Basis: California Rest Break Laws
Rest break requirements come from IWC Wage Orders and are enforced through Labor Code penalty provisions.
Primary Legal Authorities
IWC Wage Orders - Rest Periods
Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work period. The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof.
Labor Code Section 226.7 - Premium Pay
If an employer fails to provide an employee a rest period in accordance with a state law or applicable order of the Industrial Welfare Commission, the employer shall pay the employee one additional hour of pay at the employee's regular rate of compensation for each workday that the rest period is not provided.
"Major Fraction" Rule
A "major fraction" of 4 hours means more than 2 hours. So if you work 3.5 hours, you're entitled to a rest break because 3.5 hours is more than half of 4 hours. This expands rest break rights for many employees.
Key Court Decisions
Brinker v. Superior Court (2012)
Rest breaks should be in the middle of work periods "insofar as practicable" but timing flexibility exists.
Augustus v. ABM Security (2016)
Employers cannot require employees to remain on-call during rest breaks. Must be completely relieved of duty.
Naranjo v. Spectrum Security (2022)
Rest break premiums are "wages" that must be reported on wage statements.
One Premium Per Workday
Maximum Recovery Per Day
Under California law, you can recover one hour of premium pay per workday for rest break violations - regardless of how many rest breaks you missed that day.
Example: If you worked a 12-hour shift and missed all three entitled rest breaks, you still only get one hour of rest break premium for that day.
However: Meal break premiums are separate. You can recover one hour for rest break violations AND one hour for meal break violations on the same day (total of 2 hours premium).
Statute of Limitations
Three-Year Recovery Period
You can recover rest break premiums for violations within three years of filing your claim. This can represent significant compensation for ongoing violations.
📂 Evidence for Rest Break Claims
Documenting rest break violations requires showing you weren't provided adequate opportunity to take your breaks.
- Time records - Clock-in/out records showing shift lengths and break patterns
- Pay stubs - Show whether rest break premiums were ever paid
- Work schedules - Planned schedules vs. actual hours worked
- Personal log - Daily notes of when breaks were missed or interrupted
- Communications - Emails, texts, or messages about workload, staffing, or break denials
- Employee handbook - Company's stated rest break policy (or lack thereof)
- Staffing schedules - Evidence of understaffing making breaks impractical
- On-call requirements - Policies requiring you to carry a radio, phone, or be available
- Coworker statements - Others who experienced similar violations
- Manager instructions - Any direction to skip breaks or work through them
Practical Tip: The Augustus Decision
After Augustus v. ABM Security, if your employer required you to carry a radio, phone, or pager during "rest breaks," those weren't real rest breaks. Document any policy requiring you to be available or respond to calls during breaks - this is strong evidence of violations.
Start Your Documentation
If still employed, keep a daily record:
- Date and total hours worked
- Number of rest breaks taken (should be 1 per ~4 hours)
- Duration of each rest break
- Whether you were truly relieved of duty or had to stay available
- Any reasons given for skipped or shortened breaks
💰 Calculating Your Rest Break Damages
For each workday you were denied a compliant rest break, you're entitled to one hour of pay at your regular rate.
Premium Pay Formula
One Hour Per Workday
Rest Break Premium = 1 hour x Regular Rate x Number of Violation Days
Unlike meal breaks (where you can get 2 hours for missing both breaks), rest breaks are capped at one hour per workday regardless of how many rest breaks were missed.
Sample Calculations
Example 1: Full-Time Employee - Regular Violations
Hourly rate: $22/hour. Worked 5 days/week for 2 years. Missed rest breaks 4 days/week on average.
Example 2: Combined Meal and Rest Break Violations
Hourly rate: $28/hour. Worked 1 year. Missed BOTH meal and rest breaks 5 days/week.
Additional Damages
| Damage Type | Description | Amount |
|---|---|---|
| Wage Statement Penalties (LC 226) | If rest premiums weren't shown on pay stubs | $50 first, $100 subsequent, up to $4,000 |
| Waiting Time Penalties (LC 203) | If unpaid at termination | Up to 30 days' wages |
| Interest | 10% per year on unpaid premiums | Varies |
| Attorney Fees | Recoverable if you prevail (LC 218.5) | Paid by employer |
📝 Sample Demand Letter Language
Use these paragraphs to build your rest break violation demand letter.
[DESCRIBE SPECIFIC VIOLATIONS - Examples:]
- I was required to remain on-call and carry a radio/phone during rest periods
- Staffing levels made it impossible to step away for rest breaks
- Management explicitly told me not to take rest breaks due to workload
- Rest breaks were not authorized or permitted by supervisors
- I was interrupted and called back to work during rest periods
These violations occurred approximately [NUMBER] days per week, totaling approximately [TOTAL NUMBER] workdays during my employment where I was denied compliant rest breaks.
My regular rate of pay was $[HOURLY RATE] per hour. Based on approximately [NUMBER] workdays where rest breaks were not properly provided, I am owed:
[NUMBER] days x $[HOURLY RATE] = $[TOTAL] in rest break premium pay
Rest break premium pay: $[AMOUNT]
Meal break premium pay (if applicable): $[AMOUNT]
Interest at 10% per year: $[AMOUNT]
TOTAL DEMAND: $[TOTAL]
Please remit payment within 14 days of receipt of this letter. If payment is not received, I will pursue all available legal remedies including filing a wage claim with the California Labor Commissioner or a civil lawsuit, where I will also seek recovery of attorney fees.
Sincerely,
[YOUR NAME]
🚀 Next Steps
Follow this process to recover your rest break premiums.
Process Timeline
Combining Rest and Meal Break Claims
Double Recovery Potential
If your employer violated BOTH rest break and meal break requirements on the same days, you can recover:
- 1 hour premium for rest break violations PER DAY
- PLUS 1 hour premium for meal break violations PER DAY
- = Up to 2 hours premium per workday
Many employees who are denied one type of break are also denied the other. Make sure to claim both!
Filing Options
DLSE Wage Claim
Free filing with Labor Commissioner. Hearing typically scheduled 6-12 months out. No attorney required.
Small Claims Court
For claims up to $12,500. Fast and simple. No attorneys allowed - you represent yourself.
Civil Lawsuit
For larger claims. Can recover attorney fees if you prevail. Many attorneys take these on contingency.
Need Help With Your Claim?
Get professional guidance on calculating and recovering your rest break premiums.
Contact Us Meal Break Claims👥 When to Hire a Rest Break Attorney
Rest break violations often have clear calculations, but legal representation can significantly increase your recovery in certain situations.
Handle It Yourself When:
✓ Limited Violations
You have records of 20-50 violation days with clear evidence of missed or interrupted breaks.
✓ Clean Time Records
Your employer's records clearly show shift lengths that entitled you to rest breaks that weren't provided.
✓ Small Claims Amount
Your total claim (rest + meal break premiums + penalties) falls under the $12,500 small claims limit.
✓ Single Issue
Rest breaks are your only wage violation - no overtime, misclassification, or other complex issues.
Hire an Attorney When:
⚠ Augustus Violations
You were required to stay on-call, carry a radio, or remain available during "rest breaks" - this requires proving the employer's policy violated the Augustus decision.
⚠ Combined Violations
Rest breaks, meal breaks, overtime, and other Labor Code violations add up - an attorney can maximize total recovery.
⚠ Pattern Across Workforce
Other employees experienced the same violations - a class action or PAGA representative claim may be appropriate.
⚠ Employer Disputes
The company claims breaks were authorized or that you voluntarily skipped them - these factual disputes need legal argument.
⚠ Retaliation Risk
You're still employed and fear adverse consequences for asserting your rights - an attorney provides protection.
⚠ Large or Hostile Employer
Companies with legal departments will fight hard - you need equal representation.
Benefits of Attorney Representation
- Contingency basis: Most employment attorneys handle wage cases with no upfront cost to you
- Fee-shifting: Under California law, prevailing employees can recover attorney fees from the employer
- Higher settlements: Represented employees typically recover 2-3x more than unrepresented claimants
- Penalty stacking: Attorneys add LC 226 wage statement penalties, LC 203 waiting time penalties, and interest
- PAGA leverage: Representative actions can substantially increase recovery
- Litigation credibility: Employers take attorney-represented claims more seriously
Not Sure If You Need an Attorney?
Take our free assessment to get a personalized recommendation based on your rest break situation.
Take Free AssessmentContingency Representation Available
Many employment attorneys work on contingency for rest break claims. Because California law allows prevailing employees to recover attorney fees (the employer pays), many lawyers take these cases with no upfront cost to you.