EmploymentQuestion 267 of 1632

A construction employee is provided a rest period but is interrupted and called back to work after 4 minutes of a required 10-minute break. The employer has:

a.Complied, since the wage order sets no minimum length for a rest break
b.Failed to provide the rest period and owes one hour of premium pay
c.Complied, because a rest break is unpaid time the worker controls
d.Complied if it pays the six lost minutes at the regular rate of pay

Explanation

Wage Order 16 §11 gives construction employees ten minutes of net rest for every four hours worked, counted as time worked, and the rest must be uninterrupted with the employee relieved of duty. A break cut off at four minutes was therefore not provided, and Labor Code §226.7(c) owes one additional hour of pay at the regular rate for that workday. The wage order does fix the ten minutes, so treating the length as discretionary is wrong. Rest breaks are paid time, not the worker's own unpaid time. And the remedy is a flat hour of premium pay: handing back the six lost minutes does not satisfy it.

Law Reference: Labor Code §226.7(c); 8 CCR §11160 (Wage Order 16) §11

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