By Jennifer L. Lippi, JD, SPHR
Rest breaks are commonly overlooked in favor of their more popular cousin, meal periods. Here are a few frequently asked questions our consultants receive regarding rest breaks.
- Q: How long must a rest break be?
A: The Wage Orders require a rest break duration of “net” 10 minutes. This has been interpreted by the DLSE to mean that the rest break begins when the employee reaches an area away from the workstation that is appropriate for rest. In other words, if the rest area is at a distance from the workstation, the time required for the rest break will need to be more than 10 minutes to allow time to reach the rest area, rest for 10 minutes, and then return to the workstation.
- Q: Can we require employees to remain onsite during a rest break?
A: The California Supreme Court in Augustus v. ABM Security Systems, Inc., stated that the employer must relinquish control of the employee during the rest break. The employee must be able to use the 10-minute break time as they want. While the court never explicitly addressed whether an employee can be required to remain on the premises during a rest break, it did say that an employee should be allowed to take a walk during a break, which indicates that a requirement to stay on-site is not allowed.
- Q: What is the timing of test beaks?
A: As a general rule, the rest break should be in the middle of the four-hour work period. In addition, rest breaks should not be combined.
You can find the DLSE’s FAQs here. If you have questions regarding rest breaks, please reach out to your Silvers HR Consultant.