EmploymentQuestion 551 of 1632

On a construction site covered by Wage Order 16, when is a 10-minute paid rest period required?

a.Only when the employee works more than eight hours
b.Only when the employee asks for it in writing
c.Once per shift, whenever the crew breaks for lunch
d.Every four hours worked, or major fraction

Explanation

Wage Order 16 §11 sets rest on total daily hours: a net 10 paid minutes for every four hours worked, or major fraction of four, which the DLSE reads as anything more than two hours. Nothing turns on an eight-hour day — that figure belongs to the daily overtime line, and a worker who puts in six hours has already earned two breaks, which is why 'once per shift' is short. Rest is also not something the employee has to ask for: the employer must authorize and permit it, and the ten minutes are paid as hours worked.

Law Reference: IWC Wage Order 16 §11; DLSE rest-period guidance; Labor Code §226.7

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