Redding, CA asked in Employment Law for California

Q: If I work 7 hours in CA, am I supposed to receive two 10 minute breaks and a lunch break (3 breaks total)?

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2 Lawyer Answers
Nancy J. Wallace
Nancy J. Wallace
Answered
  • Grand Terrace, CA
  • Licensed in California

A: i think i just answered this on Avvo!!! again, YES you get a paid, uninterrupted break after 3.5 hours, you get an unpaid meal break of 30 minutes, then you get another paid 10 minute break after 6.1 hours. There's a case decision that says the work can forego or give up their 2nd break should they volunteer. So a lot of supervisors assert the workers 'volunteered' to not take their 2d break.

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James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Under California labor law, if you work more than five hours in a day, you are entitled to at least one 30-minute unpaid meal break. Additionally, for every four hours worked, or major fraction thereof, you are entitled to a 10-minute paid rest break.

In a 7-hour workday, this typically means you are entitled to one meal break and two 10-minute rest breaks. The rest breaks should be provided as close to the middle of each work period as possible. It's important for employers to adhere to these regulations, and for employees to be aware of their rights to ensure compliance. If these breaks are not provided, you may have grounds for a labor violation claim.

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