Modesto, CA asked in Employment Law for California

Q: I have a question about mandatory rest break violations

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

A: Under California law, employees are entitled to certain rest breaks based on the number of hours they work. For every four hours worked, you should receive a 10-minute rest break. These breaks should be in the middle of the work period as much as is practical. If you work at least 3.5 hours in a day, you are entitled to one rest break.

If your employer does not provide these mandated rest breaks, they are violating California labor laws. You may be entitled to one hour of pay for each workday that the rest break was not provided. This compensation is considered a wage and is separate from your regular earnings.

If you believe your rights have been violated, you may file a complaint with the Labor Commissioner's Office or seek legal advice from an attorney familiar with employment law. It's important to keep detailed records of your work hours and breaks. This information can be crucial in pursuing any claims against your employer.

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