Index

California Paid Rest Period Law

Summary

Employers must provide a paid 10-minute rest period for every 4 hours worked or major fraction thereof.

Rights & Rules

  • 01.
    Right to a paid 10-minute rest period for every four hours worked (or major portion thereof).
  • 02.
    Rest periods must be taken approximately in the middle of each work period, if practicable.
  • 03.
    Your employer cannot require you to work during your rest period.

Penalties

  • 01.
    One additional hour of pay at the employee's regular rate of pay for each workday that a rest period is not provided or is interrupted.
  • 02.
    Potential civil penalties for repeated or willful violations by the employer.

Verified Citations

California Labor Code Section 226.7

Source
"(c) If an employer fails to provide an employee a meal or rest or recovery period in accordance with an 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 meal or rest or recovery period is not provided."

IWC Wage Order 4-2001 (Section 12)

Source
"Every employer shall authorize and permit all employees to take rest periods, which shall in-so-far as practicable 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."