Is it illegal to work without any breaks?

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Is it illegal to work without any breaks?

I’ve been working for the same company for almost 4 years and have never received any breaks. Yesterday was my last straw when I needed a quick break and couldn’t. Is there any law regarding this?

Asked on August 27, 2012 under Employment Labor Law, California

Answers:

James Stoneman

Answered 8 years ago | Contributor

If you are properly classified as a non-exempt employee, you are entitled to (2) 15 minute rest breaks and (1) meal break during any shift that exceeds 6 hours.  The penalty for refusing to provide the breaks is one hour of pay.  If you work a shift in excess of 10 hours, you are entitled   to a second meal break.  This is a complicated area of the law, and there are exceptions. 

Aryeh Leichter / Leichter Law Firm, APC

Answered 8 years ago | Contributor

With limited exceptions, employees are entitled to a 10-minute rest period for every four (4) hours worked.  If the employer fails to provide an employee a rest period in accordance with the provisions under the California Labor Code, the employee is entitled to one (1) hour of pay at the employee's regular rate of compensation for each workday that the rest period is not provided.  Please contact me (213-381-6557 or [email protected]) if you would like to discuss the matter further.

Sincerely,

Ari Leichter


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