Legal Question in Employment Law in California

I was recently informed by an HR representative that rest breaks(10 minnutes every 4 hours of work) are not mandatory by california labor laws, and is up to the descretion of the employer. The reason it came up was because for the past year I have not been scheduled any breaks and rarely allowed to take them. I just read on www.dir.ca.gov that they are mandatory(im not sure if it only applies to government worker though). Am I entitled to a rest break or not if I am employeed by a private company for longer then 4 hours at a time.


Asked on 7/31/09, 8:08 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

breaks ARE mandatory, and if denied give you a claim for unpaid comp, interest, penalties, and attorney fees if successful in your claim using an attorney. If the total times denied is more than just a few, it adds up quickly enough to justify hiring an attorney. If other employees also are denied, try to get them to join you, and contact me for the legal help you need.

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Answered on 7/31/09, 8:39 pm


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