California overtime law requires time-and-a-half pay for work over 8 hours per day, and rest-break time must be added on top of other paid time. According to California Labor Code for Rest Breaks, Non-exempt employees are authorized and permitted to take a 10-minute paid rest break for every four hours worked or major fraction thereof. Accordingly, a claim must be filed within three (3) years of the alleged meal period violation. Employers must authorize and permit employees to take 10-minute rest breaks for every four hours worked, or “major fraction” thereof. California labor laws are strict, and employers can face harsh penalties for violations of these laws. A “major fraction” of … time clock, timesheets). The simple matter of providing workers with periodic rest breaks can be more tricky than it appears. California has extensive regulations providing for mandatory break periods during the workday, including both mandatory meal / lunch periods and one or more shorter rest periods. A rest break is required for every 4 hours of work or a “major fraction” of that 4-hour period, which means more than 2 hours. Timing of rest breaks. California employees are allowed to sue their employers for denying them their entitled meal and rest breaks under California Labor Law. California courts addressed two significant employee rest break issues in 2016: (1) timing and (2) what is sufficient “rest” to be a legally compliant break. 1 The California Wage Orders give employees the right to periodic (10) minute, paid rest periods. California’s nuanced meal and rest break rules have spawned an endless cycle of litigation, and as a recent appellate court case illustrates, the rules remain imprecise. If an employer in California does not provide rest breaks, employees who work 8-hour shifts may be entitled to 1.5x their regular rate of pay for the rest-break time they should have been provided. Unlike statutory meal periods, paid rest periods do not need to be recorded on timekeeping documents (e.g. The California Court of Appeal vacated the judgment, finding that being on call isn't the same as working during a rest break. Should employers record rest breaks? This page provides details about California's meal and rest period requirements. California wage and hour law requires employers to provide lunch or meal breaks to employees who work a minimum number of hours.. Mandatory Workday Lunch / Meal Breaks in California In the case of Murphy v. Cole, the California Supreme Court held that the remedy for meal and rest period violations of "one additional hour of pay" under Labor Code section 226.7 is a wage subject to a three-year statute of limitations. Rest Breaks Under California Law California law also mandates that hourly, nonexempt employees get a paid 10-minute rest period if they work 3.5 hours or more. 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