An employee must be provided with a ten (10) minute uninterrupted rest break for every four (4) hours that they work in a day. California labor law is very clear: a break should be a complete break from work.Your employer cannot require that you work through your break or stay on-call. The rest period is based on the total hours worked daily and must be at the minimum rate of a net ten consecutive minutes for each four hour work period. For most workers, a ten minute break is required for every four hours worked. This doesn't include time to use the restroom. Nonexempt California employees must be given a meal or lunch break for a minimum of 30 minutes for shifts longer than five hours. Employees must be provided thirty (30) minute lunch breaks if they work more than five (5) hours in a day. Learn how to file complaints for missed breaks in San Diego. Nonexempt California employees must be given a meal or lunch break for a minimum of 30 minutes for shifts longer than five hours.