California Break Rules

California Break Rules

10-Minute Break Requirements

Employees must be offered one paid 10-minute rest break for a shift greater than 3.5 hours. (A second break after 6 hours, and a third break after 10 hours)

  • Upon Clock-Out, employees affirm that 10-min Break(s)  were made available.

  • NOTE: Employees are not required to take the break to satisfy the requirement, rather, it must be acknowledged that the break(s) were offered
  • NOTE:  An employee must actively  uncheck the checkbox to claim a break violation.
  • NOTE: Employees do not clock-out for the 10-minute paid break(s).

30-Minute Break Requirements

Employees must take an uninterrupted, 30-minute break for shifts exceeding 5 hours in length. (A second break for shifts exceeding 12 hours).

  • Break must begin by the end of the 5th / 10th hour.
  • 30-Minute breaks can be unpaid
  • Employees must clock-out for 30-minute breaks.

Waiving 30-Minute Breaks

  • For shifts less than 6/12 hours, the 30-minute break can be waived by the employee (at clock-out).
  • Employers can waive individual or all discretionary 30-minute breaks if employee(s) signatures are on file.