Q: I missed my 10 min break after 2 hours of working, can I take a break at 3 hours? Im working 8 hours in all. I'm in Cali
A:
The short answer is yes.
California law requires an employer to provide 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. The law does not say it has to be every two hours. It has to be provided as close as reasonably possible to the mid-point of the four hours. The placement of the rest period can be reasonably adjusted one way or the other from that midpoint to address practical needs of the business. A rest period provided three hours into the four hour work period would likely not be a violation of the law.
That said, I am talking about what the law requires. If your question is whether your employer can force you to take your break at the two hour mark when you would like to have it be at the three hour mark, then the answer is you do what your employer says. If the employer wants you to take your break at the two hour mark and you do not do so, you can disciplined and even fired for not doing as the employer wants.
Good luck to you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
