Not receiving a 10 min break at work?

I work at a restaurant and we do not receive 10 minute breaks in the middle of a 4 hour shift. I recently went on the labor board of california website and ound out that we are to receive 1 hour worth of wages for everyday that we do not get our break, up to three years back. My employer said that to receive our break we have to ask for it, so I do not get the money because I never asked for a 10 minute break just a ciggerette break. (which most of the time I am denied or told to hurry up I have 3 minutes). So do I have to ask or am I entiled? this is the website I found all my info on.
http://www.dir.ca.gov/dlse/FAQ_RestPerio...
Also, We are bitched at if e are not always doing something and absolutely No eating on the clock. We do ot get any form of a 10 min. Only a 30 if we work 6 hours or the 2-3 min ciggerette break I beg for and don't always get.

This does not seem right. You should get 15 minutes for a 4 hour shift. I think your manager is abusing his staff. I dont know the actual rules but I work in a pub and my manager does not mind that we sneak out for a cigarette as long as it is not extremely busy.

Federal law calls for a ten minute break every four hours, but only if you are working an 8 hour day. There is also a requirement that you be given an inpaid 30 minute lunch or diner break, again only if you work an 8 hour day. Working only 4 hours likely does not rate a break of any kind and you are lucky to get a smoke break.

Go back to that same website and learn how to file a wage claim for the back pay you are owed for the missed breaks.

Also, take a look at the bulletin board where you work. There should be a poster of from the DLSE which explains the rights of workers to breaks, pay, etc. If there is no poster, this is also a labor violation in California.