During a paid 10-minute rest break, an employee must be:
Explanation
Augustus holds that a rest period requires the employer to relieve the employee of all duties and relinquish control over how the ten minutes are spent; §226.7 then prices a failure at one extra hour of pay. Staying reachable by phone and standing by at the work station are both on-duty time, which is why an on-call rest period does not count as one. Clocking out contradicts the rule that the ten minutes are paid as hours worked. Wage Order 16 does let a construction employer designate where the break is taken — even the immediate work area — so the test is freedom from duty, not freedom to leave the site.
Law Reference: Labor Code §226.7; Augustus v. ABM Security Services (2016) 2 Cal.5th 257; IWC Wage Order 16 §11This topic, taught in full in the CSLB Law & Business guide. CSLB Law & Business — Complete Study Guide (2026) — PDF + EPUB, $24.99 · 14-day refund →
Practice all 1632 questions free — no signup required.
Own the complete CSLB Law & Business guide — PDF + EPUB, $24.99 →
Related questions on this topic
- An employer fails to provide a legally required meal period to an employee on a given day. What does California law require the employer to pay?
- A construction worker is scheduled to work a 6-hour shift. Under what condition may the meal period be waived?
- On a construction job site, who is generally responsible for providing potable drinking water and toilet facilities for employees?
- An employee gives the contractor 72 hours of advance notice that they will quit. On the employee's last scheduled workday, when are final wages due?
- A contractor willfully fails to pay a discharged employee's final wages on time. The employee earned $200 per day. The waiting-time penalty under Labor Code §203 continues until paid, up to a maximum of:
- An employee earning $160 per day is discharged, and the contractor pays the final wages 8 days late without any good-faith dispute. What is the waiting-time penalty?
Last reviewed: · editorial process