Can an employee waive a 10 minute break?

• A. Yes, breaks can be waived with consent
• B. No, breaks must never be skipped
• C. Only with supervisor approval
• D. Breaks must fall near the middle; skipping yields one hour premium pay

Answer: (D)

Rest breaks are mandatory in California. A 10-minute break must be provided for every four hours worked or major fraction, and it should be taken roughly in the middle of the work period to avoid clustering long stretches of work. Employees cannot simply waive this break.

If a rest break is not provided or is skipped, the employer owes the employee one additional hour of pay for that work period. That means the remedy for missing a break is a premium payment, not permission to skip the break at will.

So, the option that suggests breaks should fall near the middle and that skipping a break results in one hour of premium pay best captures both the timing expectation and the financial consequence when a break isn’t taken.