Rest Break

What Is a Rest Break?

A rest break (also called a rest period) is a paid, 10-minute break that California employers must provide to non-exempt employees for every four hours worked, or "major fraction thereof." Unlike meal breaks, rest breaks are considered paid work time, meaning employees remain on the clock during these periods.

California's rest break requirements are established under Labor Code Section 226.7 and the applicable Industrial Welfare Commission (IWC) Wage Orders. These requirements are more protective than federal law, which does not mandate rest breaks.

California Requirements

Number of Rest Breaks

The number of rest breaks an employee is entitled to depends on their total hours worked:

Total Work Hours	Rest Breaks Required
Less than 3.5 hours	0 rest breaks
3.5 to 6 hours	1 rest break
More than 6 to 10 hours	2 rest breaks
More than 10 to 14 hours	3 rest breaks
More than 14 hours	4 rest breaks

The "major fraction thereof" language means that working more than 2 hours beyond a 4-hour increment triggers an additional rest break. For example, working 6 hours and 1 minute entitles the employee to two rest breaks.

Duration Requirements

Each rest break must be:

• At least 10 minutes - Employers can offer longer breaks but must pay for any time over 10 minutes
• Net 10 minutes - The 10 minutes should not include time walking to and from a break area
• Uninterrupted - The break should be continuous, not split into smaller increments

Paid Time

Rest breaks are compensable time. The employee:

• Remains on the clock during the break
• Is paid at their regular hourly rate
• Does not need to clock out and back in
• Has the time counted toward overtime calculations

Timing and Scheduling

Preferred Timing

Rest breaks should be taken in the middle of each four-hour work period "insofar as practicable." The California Supreme Court has emphasized that employers should make genuine efforts to schedule rest breaks in the middle of work periods.

Example Schedule for an 8-Hour Shift (8:00 AM - 4:30 PM with 30-minute meal):

Time	Activity
8:00 AM	Start work
9:45 AM	First rest break (10 min)
12:00 PM	Meal break (30 min)
2:15 PM	Second rest break (10 min)
4:30 PM	End shift

Scheduling Flexibility

While the middle of the work period is preferred, practical considerations may require adjustment. Employers may deviate from mid-period timing when:

• Workflow demands make mid-period breaks impractical
• Customer service needs require flexibility
• Safety considerations are involved

However, employers cannot:

• Require employees to take rest breaks at the very beginning or end of shifts
• Combine rest breaks with meal breaks
• Consistently schedule breaks at non-optimal times without valid business reasons

Conditions During Rest Breaks

What Employees Can Do

During rest breaks, employees must be:

• Relieved of all duties - No work tasks, monitoring, or standby requirements
• Free to leave the immediate work area - Though not necessarily the premises
• In control of their activities - The employer cannot dictate break activities

What Employers Can Restrict

Unlike meal breaks, employers may:

• Require employees to remain on the premises
• Require employees to stay in uniform
• Prohibit employees from leaving the building

These restrictions are permitted because rest breaks are paid time and the shorter duration makes leaving the premises less practical.

Prohibited Restrictions

Employers cannot:

• Require employees to perform any work duties
• Require employees to remain at their workstations
• Require employees to be "on call" or carry communication devices
• Interrupt breaks for work-related matters

Industry-Specific Considerations

Security Guards

Security personnel cannot be denied rest breaks based on post requirements. Employers must provide relief coverage to ensure security guards receive their full breaks.

Healthcare Workers

Healthcare employees, including nurses and caregivers, are entitled to rest breaks despite the continuous nature of patient care. Employers must staff appropriately to provide break coverage.

Retail and Food Service

Employees in customer-facing roles cannot be required to watch for customers or respond to service needs during rest breaks. Adequate staffing must ensure coverage.

Manufacturing

Assembly line workers and manufacturing employees must be provided with breaks even when production schedules are tight. Rest breaks cannot be waived to meet production quotas.

Common Compliance Mistakes

Mistake 1: Combining Breaks

Employers cannot combine rest breaks with meal breaks. Each type of break serves a different purpose and has different legal requirements. A 40-minute combined break does not satisfy the requirement for one 30-minute meal break and one 10-minute rest break.

Mistake 2: Authorizing But Not Permitting

California courts distinguish between "authorizing" breaks and actually "permitting" them. Simply having a policy that allows rest breaks is insufficient if:

• Workload makes taking breaks impractical
• Staffing levels prevent breaks
• Management discourages breaks
• The workplace culture penalizes employees who take breaks

Mistake 3: On-Premises Requirement Confusion

While employers can require employees to remain on premises during rest breaks, they cannot require employees to remain in the immediate work area or at their workstations. Employees must be free to use break rooms, outdoor areas, or other non-work spaces.

Mistake 4: No Rest Breaks for Short Shifts

Some employers mistakenly believe that employees working short shifts (under 6 hours) are not entitled to rest breaks. In fact, any employee working more than 3.5 hours is entitled to one 10-minute rest break.

Penalties for Non-Compliance

Premium Pay

When employers fail to provide compliant rest breaks, they must pay rest break premium of one additional hour of pay at the employee's regular rate of pay for each workday a rest break was not provided.

Important: Only one hour of premium pay is owed per workday, regardless of how many rest breaks were missed. For example, if an employee misses two rest breaks in one day, they are owed one hour of premium pay, not two.

Additional Consequences

• PAGA penalties - Civil penalties of $100-$200 per employee per pay period
• Class action exposure - Rest break violations are commonly aggregated into class claims
• Waiting time penalties - Unpaid premiums at termination may trigger additional penalties
• Wage statement violations - Failure to record premiums can result in separate penalties

Recording and Documentation

Timekeeping Considerations

Because rest breaks are paid time, they typically do not require separate clock entries. However, employers should:

• Document that rest break opportunities were provided
• Track any missed rest breaks
• Record premium payments for missed breaks

Attestation Systems

Many employers use daily or weekly attestation systems where employees confirm:

• They were authorized and permitted to take rest breaks
• Any breaks that were missed and the reason why
• They understand how to report missed breaks

Interaction with Other Break Types

Rest Breaks vs. Meal Breaks

Feature	Rest Break	Meal Break
Duration	10 minutes	30 minutes
Paid	Yes	No (usually)
Can leave premises	Employer may restrict	Must be allowed
Can waive	No	Sometimes
Timing	Middle of 4-hour period	Before end of 5th hour

Rest Breaks vs. Recovery Periods

Recovery periods are separate breaks required for outdoor workers in high-heat conditions. Recovery periods are in addition to regular rest breaks, not a substitute for them.

Rest Breaks vs. Lactation Breaks

Lactation breaks for nursing mothers are separate from and in addition to rest breaks, though employees may choose to use their rest breaks for lactation purposes.

Examples

Example 1: Standard 8-Hour Shift

Scenario: Alex works from 9:00 AM to 5:30 PM with a 30-minute unpaid meal break (8 hours worked).

Entitlement: Two 10-minute paid rest breaks.

Compliant Schedule:

• 9:00 AM - Start work
• 10:30 AM - First rest break
• 12:30 PM - Meal break
• 3:00 PM - Second rest break
• 5:30 PM - End shift

Example 2: Part-Time Shift

Scenario: Brianna works from 4:00 PM to 9:00 PM (5 hours).

Entitlement: One 10-minute paid rest break (more than 3.5 hours but 6 hours or less).

Compliant Schedule:

• 4:00 PM - Start work
• 6:30 PM - Rest break
• 9:00 PM - End shift

Example 3: Extended Shift

Scenario: Carlos works from 6:00 AM to 6:30 PM with a 30-minute meal break (12 hours worked).

Entitlement: Three 10-minute paid rest breaks (more than 10 hours but 14 hours or less).

Compliant Schedule:

• 6:00 AM - Start work
• 8:00 AM - First rest break
• 11:00 AM - Meal break
• 2:00 PM - Second rest break
• 4:30 PM - Third rest break
• 6:30 PM - End shift

Example 4: Borderline Hours

Scenario: Diana works 6 hours and 5 minutes.

Entitlement: Two rest breaks. The 5 minutes beyond 6 hours constitutes a "major fraction" of a 4-hour period (which would be more than 2 hours), so Diana is entitled to two rest breaks.

Frequently Asked Questions

Can employees waive their rest breaks?

No. Unlike meal breaks, rest breaks cannot be waived in California. Employers must provide the opportunity for rest breaks regardless of employee preferences.

Can rest breaks be combined into one longer break?

No. Each rest break must be provided separately during or near the middle of each four-hour work period. Combining breaks is not compliant.

Do employees have to take their rest breaks?

Employers must authorize and permit rest breaks, but employees can choose not to take them. However, employers should document that breaks were offered and not impede employees from taking them.

Are rest breaks included when calculating overtime?

Yes. Rest breaks are paid work time and count toward total hours worked for overtime calculations.

What if operational needs prevent scheduling breaks at optimal times?

Employers have some flexibility in timing, but must make good-faith efforts to schedule breaks near the middle of work periods. Consistently poor timing without valid justification may result in violations.