EmploymentQuestion 228 of 1632

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

a.Reachable by phone in case the crew needs help
b.Kept on standby at the assigned work station
c.Clocked out, with the ten minutes unpaid
d.Relieved of all duty and of employer control

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 §11

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