Employers in California must give employees two ten minute rest breaks and one thirty minute meal per every eight hour shift.

Today we are going to address the two ten minute rest periods only.  So let’s get this party started.  Employers need to be aware of the following.

  • Once an employee works 3.5 hours in a shift the employee is entitled to a rest break.
  • Employers have to give employees a rest period of at least 10 for each 4 hours that are worked.
  • The rest periods need to be as much as possible in the middle of the four hour shift.
  • Employees are not allowed to take the two ten minute breaks together as established in the Brinker decision.
  • One of the breaks needs to be taken before the meal period and one after the meal period.
  • Break periods are to be personal time for the employee to do as they please.
  • As an employer you can require that the employee stay on the premises during the rest break.
  • Rest periods must be paid, you may want an employee to clock out but only for the purpose of documentation that the employee has gotten their breaks. Again the break time must be paid and considered time on the company clock.
  • If the employee decides that they want to bypass the rest break that is up to the employee as long as the employer is not influencing that decision.

Today, in California employers need to play by the rules.  In the last couple of years the laws have gotten very specific and that makes it easier for an employee to take an advantage of an employer who is not as up to speed on the California Labor Laws as they should be.

Should you have any questions we would be happy to answer them.  Give us a call we love questions.