REST BREAK PERIOD REQUIREMENT UNDER CALIFORNIA LAW
According to California law, 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. However, a rest period need not be authorized for employees whose total daily work time is less than three and one-half (3 ½) hours. Authorized rest period time shall be counted as hours worked for which there shall be no deduction from wages.
WHAT ARE THE COMPENSATIONS FOR MISSED REST BREAKS?
If your employer fails to provide or prevents you from taking a rest period in accordance with California requirement, your employer shall pay you one (1) hour of pay at the employee’s regular rate of compensation for each workday that the rest period is not provided, but not per violation. If your employer fails to allow you a rest period in accordance with the provisions of the applicable wage order, your employer shall pay the employee one (1) hour of pay at your regular rate of compensation for each workday that the meal period is not allowed, but not for every violation.
Example: If you worked an 8-hour shift, and you were not allowed your two rest breaks, you should be compensated one (1) hour of regular rate of compensation for that workday, but not (2) hours, one for each violation. In addition, this additional hour is not counted as hours worked for purposes of overtime calculations.
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