An Employers are required to permit employees who are non-exempt to take a break period where the total daily work time is at least 3.5 hours. California law mandates that these rest breaks must be 10 minutes for every four hours worked, or “major fraction” thereof. According to precedent, anything over two hours is considered by the courts to be a “major fraction” of four.
There are some exceptions, but generally employers are required to give the break must in the middle of the four-hour work period.
Under the Brinker decision, the California Supreme Court has held that, “[s]horter or longer shifts and other factors that render such scheduling impracticable may alter this general rule.”
Employers must pay employees the time they are on breaks. Thus, employers can require employees to remain on the premises during their breaks.
If a rest break is not given, you can collect one hour of pay.