El Centro, CA asked in Employment Law for California

Q: Does a 7½ hour shift need to have 2 10 minute breaks and a lunch, or just 1 break and a lunch

My last job only gave 1 10 minute break and a lunch, but I wasn't sure if another 10 minute break was needed. What is the correct amount of breaks for 7½ hours?

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2 Lawyer Answers
Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: 2 rest periods and one meal period.

As a non-exempt employee, your employer had an obligation to provide you with a reasonable opportunity to take a ten-minute, on-the-clock, uninterrupted, duty-free rest period for every four hours (or major portion thereof) that you work. 3.5 hours is a major portion of 4 hours. This is true even if you also got a meal period.

Good luck to you.

Yitz Erik Weiss agrees with this answer

Yitz Erik Weiss
Yitz Erik Weiss PRO label
  • Los Angeles, CA
  • Licensed in California

A: With a work shift of 7.5 hours, you would be entitled to a 30-minute lunch break and two 10-minute rest breaks.

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