Here is the rule: your employer must "make available", a 10 minute rest break for every 4 hours, or fraction thereof when you work. That means, sometimes you have to ask, can I go on my break, as if you don't ask, it could be use it or loose it. Rest breaks are on the clock. Meal breaks, unlike rest breaks, are off the clock. to these are your only 2 different types of breaks. the meal break would be made available if your shift is greater than 6 hours, and it should be taken at the 5 hour mark.
Answered on Oct 24th, 2012 at 9:19 PM