DHA - Rest Breaks During Overtime

We’ve received questions about whether employees are entitled to an additional rest break when working overtime. Here’s a clear breakdown:

Under California law, you are entitled to a paid rest break for every 4 hours worked, or major fraction of 4 hours (which is anything over 2 hours).

If you work a standard 8:00 AM – 5:00 PM shift with a one-hour unpaid lunch, you have worked 8 hours and are entitled to two rest breaks. If you then work overtime from 5:00 PM – 8:00 PM, your total hours worked for the day becomes 11 hours. Because that additional 3-hour period counts as a “major fraction” of 4 hours, you are entitled to an additional rest break during overtime.

What this means:

·         Working 8 hours à 2 rest breaks

·         Working 11 hours (including overtime) à 3 rest breaks

If your department typically provides 15-minute breaks, this additional break during overtime should be consistent with that practice.

If you are working overtime and not being provided this additional break, please let us know so we can address it.