California labor law emphasizes the importance of rest and recovery time for employees during their work shifts.
For any nonexempt worker clocking in for more than three-and-a-half hours in a day, a ten-minute break period is mandated. The law stipulates that this break should fall as close to the middle of the shift as feasible.
In a recent ruling, the California Supreme Court elaborated that:
“Employees are granted 10 minutes’ rest for shifts extending from three and one-half to six hours, 20 minutes for shifts longer than six hours up to 10 hours, 30 minutes for shifts surpassing 10 hours up to 14 hours, and so forth.”
While during a meal break, you may leave the worksite, during a rest break, your employer can ask you to stay on-site. However, you are not to perform any work-related duties—such as answering phone calls—during this “rest” period.
Unprovided Rest Breaks Lead to Additional Compensation
California State mandates that employers should compensate employees with an extra hour of pay if they fail to provide a rest period.
The regulation reads:
“If an employer doesn’t provide a meal or rest period in line with the Industrial Welfare Commission’s order, an additional hour of pay at the employee’s standard rate is due for each work day the meal or rest period isn’t provided.”
Nonetheless, this doesn’t apply if an employee voluntarily skips their rest break.
Rest Breaks are Accounted for in Regular, Hourly Pay
Rest breaks are to be compensated at the regular rate of pay, being considered as time worked. For piece-rate employees, an hourly rate applies, and this payment must be distinctly documented on the pay stub as a separate hourly wage. Learn more about how piece-rate payment calculations are conducted in California.
Are You Owed Back Pay? Reach Out for a Free Consultation
If you’ve been denied proper rest breaks and haven’t been compensated accordingly, it’s time to seek legal assistance. Contact the Law Offices of Kyle K. Lauby for a no-cost consultation. Our skilled attorneys are committed to defending your legal rights as an employee.
Connect with us online or dial our toll-free number at 888-888-8888 to schedule your free consultation. Our mission is to ensure you receive the justice and compensation you deserve.