Believe it or not, employers in many states have no legal obligation to give their employees any breaks during the work day. The federal Fair Labor Standards Act (FLSA) does not require employers to provide any breaks, and many states follow the same rule. Other states require employers to provide rest breaks, meal breaks, or both.
A small number of states require employers to provide paid rest breaks during the work day.
Employees in California have the right to take a half-hour meal break, unpaid, if their work shift lasts at least five hours. If the employee's shift lasts for six hours or less, the employee may waive the right to take a meal break. If the nature of the employee's work precludes the employee from taking a break from all duties, the employer may instead provide an on-duty meal break if the employee agrees. However, this time must be paid.
Employees have the right to an additional 30-minute unpaid meal break after working for ten hours. If the employee's shift lasts for 12 hours or less, the employee may waive the right to take a meal break. However, the employee may not waive both meal breaks.
In , you are entitled to take a ten-minute rest break, with pay, for every four hours (or major fraction of four hours) you work. Your employer must allow you to take your break in the middle of that work period, if practicable. If you work for less than three and a half hours total, you aren't entitled to a rest break.
