The 10-Minute Rest Break

IWC Wage Order 5 — Applies to All Restaurants

In addition to meal breaks, California requires employers to provide paid, 10-minute rest breaks for every 4 hours of work or “major fraction thereof” (anything over 2 hours counts).

How Many Rest Breaks?

Hours Worked Rest Breaks Required
0 – 3.5 hours0
3.5 – 7.5 hours1
7.5 – 11.5 hours2
11.5 – 15.5 hours3

Key Differences From Meal Breaks

  • Rest breaks are paid — the employee stays on the clock.
  • Rest breaks cannot be waived by the employee.
  • Should be taken in the middle of each 4-hour work period when practicable.
  • The 10 minutes is “net” time — the clock starts when the employee reaches a rest area.

What Is and Isn’t Allowed During Breaks

Allowed

  • Employee may leave the premises
  • Use time however they choose
  • Eat, run errands, rest

Not Allowed

  • Requiring employee to stay “on call”
  • Assigning any tasks during break
  • Keeping a radio/phone on for work
  • Pressuring employees to skip breaks

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