Rest Breaks

Under California law employers are required to provide employees with two (2) rest breaks for every eight (8) hours worked. The rest breaks must be ten (10) minutes each. During these rest breaks must be completely duty free. Further, an employer cannot require an employee to cock out during rest breaks. If meal breaks are not duty free or not allowed by employer, the rest breaks count as hours worked and should be compensated accordingly.

If an employer fails to give an employee the appropriate rest break under the law, an employee may be entitled to recover one (1) additional hour of pay at the employee’s regular rate of pay for each workday where a rest break was not provided.

The statue of limitations under the Federal Fair Labor and Standards Act is two (2) years, but it is extended to three (3) years for “willful” violations. The statute of limitations for missed rest break claims under California law is generally four (4) years from the time the compensation was due.


Tumber Law Firm is based in San Francisco, California. Our attorneys represent clients in San Francisco, San Mateo, Santa Clara, Monterey, Alameda, Contra Costa, Sacramento, Solano, Marin, and Sonoma Counties. Tumber Law Firm protects clients from retaliation, discrimination, and harassment involving dismissal, demotion, or denial of accommodation based on age, race, sex, religion, color, sexual orientation, marital status, association, physical or mental disability, or other legally protected classifications. Additionally we represent employees if they have not been paid the proper wages including overtime or minimum wage, or those not given the proper meal and rest breaks. If you believe that your rights have been violated, CONTACT US to setup your free consultation to discuss this matter. We take cases on a contingency basis and collect no attorney fees unless we win your case.