LEGAL GUIDE
Written by attorney Jacob Iraj Kiani | Aug 20, 2013

Sample California Rest Break Policy

Free California Sample Rest Break Policy

Rest Breaks

All employees are entitled to one 10-minute paid rest break per four (4) hours worked, or major fraction thereof—the only exception being that an employee who works a total of three-and-a-half (3½) hours or less during the day is not entitled to any rest break. Therefore, an employee who works more than three-and-a-half (3½) hours and up to six (6) hours is entitled to one (1) rest break. An employee who works more than six hours and up to ten hours is entitled to two (2) rest breaks. An employee who works more than ten (10) hours and up to fourteen (14) hours is entitled to three (3) rest breaks.

  • Rest breaks must be taken as close to middle of the four (4) hour period as possible.
  • Rest breaks should not be taken within one (1) hour of a meal period.
  • Employees do not need to clock out for breaks, or otherwise record break time.

However, employees must immediately report to their supervisor if they are unable to take a rest break for any reason.

  • Breaks should not be combined with the meal period, and should be taken separately.
  • If a rest break is interrupted for any work-related reason, it must be restarted so that a full ten (10) minutes can be taken in one block. Any instance in which a rest break is interrupted and restarted must be reported to the supervisor.

Disciplinary Action for Failure to Comply with Company's Meal Period and Rest Break Policies

We expect that employees will continue to comply with our meal period and rest break policy. Employees not complying with the policy (e.g., employees who take a short or late meal period or rest break, skip a meal period or rest break, or fail to accurately record their work time and meal periods) will be subject to disciplinary action, up to and including termination of employment. The Company expects that you will comply with the requirements of this policy at all times. If for any reason you are prohibited, dissuaded, or discouraged from taking any meal period or rest break, or if you are required by your supervisor or by working conditions to take any meal period or rest break late or for a shortened period of time, you must contact your supervisor or Human Resources immediately. In addition, please address questions or concerns you may have regarding this policy with your supervisor or with Human Resources.

Additional resources provided by the author

Wage and Hour Law Glossary of Wage and Hour Terms Overtime Law FAQ Link to Overtime Law sections of CA Labor Code Which Wage Order? Index of Businesses and Occupations for Wage Order Classifications Waiting Time Penalties FAQ Deductions from Wages FAQ Minimum Wage FAQ Pay Periods and Final Wages FAQ Reporting Time Pay FAQ Tips and Gratuities FAQ Employee Handbook Resources Top Five Social Media / Internet Use Policies for an Employee Handbook Free HR Downloads Basic Employee Handbook Download Five Key Workplace Policies Every Employer Should Know Free Discipline Policy Free Non-Discrimination Policy Free Employee Handbook Acknowledgment Form Free Termination Procedures Guide Human Resources Law - General CalChamber HR California Useful Table of Which HR Laws Apply to California Employers Link to Free New Hire Forms Paid Family Leave Poster Social Security Number Verification Service Sample Technology and Cell Phone Policy Paid Family Leave Brochure Unbundled Legal Services Unbundled Legal Services Legal Document Review Service Legal Advice by Telephone Attorney Prepared Online Legal Documents Legal & Court Coaching Service Meal and Rest Period Law Meal Period and Rest Break Basics Free Human Resources Forms Free California Human Resources Downloads

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