Like with meal periods, California has state-specific rules on rest breaks. Below are answers to frequently asked questions about rest breaks in California.

Q: Which employers must provide rest breaks to employees in California?

A: All employers with employees in California must provide rest breaks to non-exempt employees.

Q: How long of a rest break must I provide? And how often?

A: California employers must give non-exempt employees an uninterrupted rest period for a minimum of ten minutes for every four hours (or major fraction thereof) worked, unless an employee works less than 3.5 hours in a workday.

Q: What is meant by "or major fraction thereof?"

A: To help illustrate its meaning, let's look at an example. If a non-exempt employee works 6.5 hours, you must provide the employee with two paid rest breaks. The first rest break covers the first 4 hours worked, and the second covers the remaining 2.5 hours worked (required because 2.5 is a major fraction of 4 hours).

Q: At which point in the 4-hour work period (or major fraction thereof) should rest breaks be provided?

A: Rest breaks must be provided in the middle of each work period if possible. If the nature or circumstances of the work prevent you from giving the break in the middle of the work period, the employee must still receive the required break, but may take it at another point in the work period.

Q: What happens if an employer fails to provide a rest break in compliance with state requirements?

A: Employers that fail to provide employees with a compliant rest period must pay the employee one additional hour of pay at the employee's regular rate of pay for each workday the rest period isn't provided. This is commonly known as premium pay.

Q: Employees have to walk to the break area, which can take a few minutes. Does the rest period begin when they start walking or when they reach the break area?

A: Under state rules, the rest period is defined as a "net" ten minutes, which means that the rest period begins when the employee reaches an area away from the work area that's appropriate for rest.

Note: In California, employers are generally required to provide suitable resting facilities that must be available for employees during working hours in an area separate from the toilet rooms.

Q: Are employees who are classified as exempt from overtime entitled to rest breaks?

A: In California, bona fide exempt employees aren't entitled to rest breaks (but are entitled to meal periods).

Q: We have employees working remotely due to the pandemic. Do I have to provide rest breaks during remote work as well?

A: If the employees are considered non-exempt employees, then rest breaks are required in California, regardless of where the work is performed. Therefore, ensure that employees working remotely are provided rest breaks in accordance with state (and local) law.

Q: We want to provide 20-minute rest breaks even though the state only requires 10-minute breaks. Can the last ten minutes be unpaid?

A: No. Under federal law, rest breaks of short duration, running from 5 to 20 minutes, must be counted as hours worked and must be paid.

Q: Do I have to count rest breaks when determining whether a non-exempt employee has worked more than 8 hours in a workday and 40 hours in a workweek for California overtime purposes?

A: Yes. Rest breaks are considered hours worked and must be counted when determining whether a non-exempt employee has worked daily and/or weekly overtime in California.

Q: Our employees are consistently coming back from rest breaks late. Can I require employees to remain on our premises during rest breaks?

A: No. During rest periods, California employers must relieve employees of all duties and relinquish control over how employees spend their time. However, you may discipline employees for unauthorized extensions of rest breaks. This can be enough of an incentive for employees to return from breaks on time regardless of whether they leave the premises.

Q: Can an employer count trips to the bathroom toward meeting the rest break requirement?

A: No. In California, employers are prohibited from counting any separate use of toilet facilities as a rest break. However, if an employee chooses to use the toilet facilities while on a rest break, they aren't entitled to an extension of the rest break.

Q: We have employees who work outside. Are there any additional break requirements that may apply?

A: In California, employers must permit (and encourage) employees to take a cool-down rest in the shade for at least five minutes when employees feel the need to do so to protect themselves from overheating.

An individual employee who takes a preventative cool-down rest must:

• Be monitored and asked if they're experiencing symptoms of heat illness;
• Be encouraged to remain in the shade; and
• Not be ordered back to work until any signs or symptoms of heat illness have abated, but in no event less than five minutes in addition to the time needed to access the shade.

Employers that fail to provide employees with a compliant cool-down rest when needed must pay the employee one additional hour of pay at the employee's regular rate of pay for each workday it isn't provided.

Conclusion:

Make sure your company is complying with federal and state laws governing rest breaks. Also keep in mind that local jurisdictions may have their own rules on rest breaks.