EmploymentQuestion 228 of 690

During a paid 10-minute rest break, an employee must be:

a.Available by phone in case the crew needs help
b.Required to stay at their assigned work station
c.Clocked out and unpaid for the time
d.Relieved of all duties and free to leave the work area

Explanation

A rest period must be a genuine break: the employee must be relieved of all duty and free from employer control during the 10 minutes, yet it remains paid time. Requiring the worker to stay on call or at their station defeats the purpose.

Law Reference: Labor Code §226.7

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