When it comes to workplace regulations, California sets a high bar—especially regarding employee break rights. While meal breaks often get the most attention, rest break regulations are equally important and frequently misunderstood by employers. This article continues our series on How to Stay Compliant with California Wage and Hour Laws in 2025 focusing on the intricacies of rest break regulations to ensure your business remains compliant with current standards.
Failing to provide proper rest periods can lead to costly penalties, PAGA claims (Private Attorneys General Act lawsuits), and unhappy employees. In this article, we'll clarify California's rest break laws, outline employer responsibilities, and share best practices to maintain workplace compliance in California.
Rest Break Requirements Are Non-Negotiable: California employers must provide 10-minute paid rest breaks for every four hours worked. Employees must be completely relieved of all duties, and these breaks cannot be waived by either party.
Premium Pay Must Be Calculated Correctly: For missed rest breaks, employers must pay one hour at the employee's "regular rate of compensation" (including bonuses and commissions) for each day a violation occurs, as established in Ferra v. Loews Hollywood Hotel.
Documentation Is Your Best Defense: Though not explicitly required by law, maintaining records of rest break policies and compliance efforts provides crucial protection against potential claims and the significant financial penalties they can trigger.
Must be paid and counted as time worked
Cannot be waived by employees or employers
Employees must be relieved of all duties during the break
Employers cannot require employees to be on-call, monitor work communications, or stay at their workstation
If an employer interrupts a rest break, the break is non-compliant, and the employee is entitled to premium pay
You must provide rest breaks based on total hours worked in the day according to California rest break law:
Less than 3.5 hours: No rest break required
3.5 to 6 hours: One 10-minute rest break
6 to 10 hours: Two 10-minute rest breaks
10 to 14 hours: Three 10-minute rest breaks
California employer rest break guidelines state that rest breaks should be provided in the middle of each work period "insofar as practicable." While this allows some flexibility, best practice is to schedule breaks near the midpoint of each four-hour work segment whenever possible.
Under California wage laws (Brinker Rest. Corp. v. Superior Court of San Diego County), the phrase "four hours or major fraction thereof" means that if an employee works more than two hours in a four-hour period, they are entitled to a break.
For example, an employee working 6.5 hours must receive two 10-minute rest breaks, not just one.
Employees cannot be required to stay at their workstation during rest breaks. While they must remain on-premises, they should be free to use their break time as they choose.
Employers cannot implement policies that state employees will "lose" a rest break if they don't take it at a designated time. Rest breaks must be affirmatively provided, not just made available. If workload or pressure prevents an employee from taking a break, the employer is still liable.
Employees must be completely relieved of duties during rest breaks. If they are required to remain available for calls, monitor work emails, or be ready to resume work at a moment's notice, the break is non-compliant. (Augustus v. ABM Security Services - 2016)
If you fail to provide a compliant rest break, you must pay the affected employee one additional hour of pay at their regular rate of compensation (Ferra v. Loews Hollywood Hotel, LLC) for each workday a violation occurs. "Regular rate of compensation" includes not just hourly wages but also commissions, bonuses, and other non-discretionary pay.
Example Calculation:
An employee earns $20/hour plus a $200 weekly non-discretionary bonus.
If they work 40 hours in a week, their regular rate of pay is: (40 × 20) + 200 ÷ 40 = $25/hr
Any missed rest break must be compensated at $25, not $20 per hour.
In Naranjo v. Spectrum Security Services (2022), the California Supreme Court ruled that if an employer fails to pay for missed rest breaks, it can lead to extra penalties for late wages and inaccurate pay stubs. Employers must properly document and include these payments on employee wage statements to avoid increased liability.
Employers must ensure their pay systems don’t discourage rest breaks. In Bluford v. Safeway Inc. (2013), the court ruled that Safeway’s pay structure, which didn’t separately pay truck drivers for breaks, made them less likely to take breaks. Employers using piece-rate, commission, or production-based pay must pay separately for rest breaks to comply with the law.
California employment law states that employers must provide suitable resting facilities in areas separate from toilet rooms where practicable. In most workplaces, this means providing a break room, lounge, or designated rest area.
Exceptions: Employers with space constraints (e.g., small retail shops or food trucks) may be exempt if no practical alternative exists.
While California law does not explicitly require rest break tracking, maintaining timekeeping records is strongly recommended to protect against claims. Best practices include:
Documenting rest break policies in the employee handbook
Having employees acknowledge rest break policies in writing
Training managers to ensure rest breaks are actually taken
Using scheduling systems that proactively remind employees of rest breaks
Certain industries have modified rest break rules under Industrial Welfare Commission (IWC) Wage Orders or collective bargaining agreements. Examples include:
Healthcare: Special provisions for employees providing 24-hour residential care
Agriculture: Alternative rest period provisions during peak harvest season
Motion Picture Industry: Rest break rules may vary based on union agreements
Security & Emergency Services: Some roles allow modified rest break structures under collective bargaining
If your industry is regulated by an IWC Wage Order or union contract, ensure your rest break policies align with those requirements.
Develop Clear Policies – Clearly communicate rest break entitlements and procedures in writing.
Schedule Appropriately – Build rest breaks into work schedules and ensure employees can take them.
Train Supervisors – Ensure managers enforce rest break policies and do not discourage breaks.
Calculate Premium Pay Correctly – Include bonuses, commissions, and differentials in premium pay calculations.
Monitor & Address Chronic Issues – If certain teams consistently miss rest breaks, review workload and staffing.
Ensuring rest break compliance isn’t just about avoiding lawsuits—it’s about fostering a fair and productive workplace. Non-compliance can lead to significant financial penalties, including PAGA claims, class action lawsuits, and wage statement violations. Employers who prioritize proper rest break policies benefit from improved employee morale, reduced legal risk, and a healthier work environment.
Don't leave your rest break compliance to chance. Implement a comprehensive timekeeping system that tracks both work hours and paid rest breaks to protect your business from costly violations.
1 - How long must a rest break be under California law?
California requires rest breaks to be at least 10 minutes of uninterrupted time during which employees are relieved of all duties. This is a minimum requirement—employers can provide longer breaks if they choose.
2 - Can employees waive their rest breaks if they prefer to keep working?
No, rest breaks cannot be waived. California law requires employers to provide rest breaks, and employees must be relieved of all duties during their break time.
3 - What happens if an employee misses a rest break?
If an employee does not receive a compliant rest break, the employer must pay them one additional hour of pay at their regular rate of compensation for each day the violation occurs.
California law does not explicitly require employers to track rest breaks, but maintaining records is strongly recommended to protect against claims and demonstrate compliance.
5 - Can an employer require employees to stay on-site during rest breaks?
Yes. Unlike meal breaks, employers can require employees to remain on-premises during rest breaks. However, employees must be completely relieved of duties and cannot be required to remain at their workstations.
6 - Are independent contractors entitled to rest breaks?
No, California rest break laws apply only to non-exempt employees. Independent contractors are not covered under these provisions.
7 - Can employers schedule specific times for rest breaks?
Yes, employers can designate times for rest breaks. However, these scheduled times should comply with the requirement that breaks be provided "in the middle of each work period insofar as practicable." Scheduling too early or too late in a work period may not comply.