10-Minute Rest Break Violations

California law generally provides that every employer shall authorize and permit all non-exempt employees to take rest periods.  The mandatory rest period that must be authorized is based on the total number of hours worked daily at the rate of 10 minutes net rest time per four hours or major fraction thereof.  Further, these rest periods are required to be provided, insofar as practicable, during the middle of each 4-hour work period.  Authorized rest periods must be counted as hours worked for which there shall be no deduction from wages.

If an employer fails to provide an employee a required rest period, the employer is required to pay the employee 1 hour of pay at the employee’s regular rate of compensation for each workday that the rest period(s) is not provided.

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