Employees Are Entitled to Rest

Under California law, employees are entitled to rest breaks based on time worked.  Here are five things every employer and employee should know about employee rest breaks. Employees get 10-minute breaks based on time worked. Employees must be given 10-minute net rest periods for every 4 hours of work, to be taken in the middle of each 4-hour period if practicable. A rest period need not be provided for employees whose total daily work is less than 3.5 hours. Thus, employees are entitled to one 10-minute net rest period for shifts from 3.5 to 6 hours in length, two for shifts of more than 6 hours up to 10 hours, and three for shifts of more than 10 hours up to 14 hours, and so on. Brinker Restaurant Corp. v Superior Court (2012) 53 C4th 1004, 1029. (A “net rest period” means 10 minutes of actual resting time. Thus, if it takes an employee 5 minutes to walk to and return from a rest area, that time cannot be deducted from the rest period.) Employers can’t…

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