Sacramento, CA asked in Employment Law for California

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

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1 Lawyer Answer
Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

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.

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