HR Compliance

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California Rest Break Requirements

active

California requires employers to authorize and permit a paid 10-minute rest period for every 4 hours worked, or major fraction thereof. Rest periods must be in the middle of the work period insofar as practicable. Employees who work fewer than 3.5 hours in a day are not entitled to a rest period. If an employer fails to provide a required rest period, the employee is entitled to one additional hour of pay at the regular rate as premium pay for each workday the violation occurs.

Jurisdiction
CA (state)
Law Type
Rest Breaks
Status
active
Citation
Cal. Lab. Code § 226.7
Regulatory Citation
8 CCR § 11040
Effective Date
2001-01-01
Last Amended
2012-01-01
Last Verified
2026-01-15
Record Updated
2026-01-15

Applicability

Employee Types
non-exempt
Age Groups
adult, 16-17, 14-15

Requirements

Rest Period
Duration Minutes
10
Frequency
Per 4 hours worked or major fraction thereof
Paid
Yes
Timing
In the middle of the work period insofar as practicable.
Description
A paid 10-minute rest period must be authorized and permitted for every 4 hours worked, or major fraction thereof.
Rest Period Schedule
Up To 3 5 Hours
Rest Periods Required
0
Description
No rest period required for shifts of 3.5 hours or less.
3 5 To 6 Hours
Rest Periods Required
1
Description
One 10-minute rest period required.
6 To 10 Hours
Rest Periods Required
2
Description
Two 10-minute rest periods required.
10 To 14 Hours
Rest Periods Required
3
Description
Three 10-minute rest periods required.
Major Fraction Definition
A 'major fraction' of 4 hours means any time greater than 2 hours. For example, an employee working 6 hours is entitled to two rest periods (one for the first 4 hours and one for the major fraction of the remaining 2 hours).
Violation Premium
Amount Hours
1
Rate
regular rate of pay
Frequency
per workday the violation occurs
Description
One additional hour of pay at the employee's regular rate of pay for each workday that a required rest period is not provided.

Penalties

Employers who fail to provide required rest periods must pay one additional hour of premium pay at the regular rate for each workday a rest period is not provided. Additional penalties may apply under PAGA.

Statute of limitations: 3 years

Notes

Rest period premium pay and meal period premium pay are separate obligations; an employer who fails to provide both a rest period and a meal period on the same workday owes two hours of premium pay. Rest periods are counted as hours worked and must be paid. Employers may not require employees to remain on the premises during rest periods.

Sources