EmploymentQuestion 686 of 1632

IWC Wage Order 16 (on-site construction, drilling, logging, mining) addresses rest periods for non-exempt workers. The general rule under Wage Order 16 is:

a.10 paid minutes per 4 hours or major fraction
b.One paid 15-minute break at the end of shift
c.No rest periods are required in construction
d.Two unpaid 20-minute breaks, at the employer's call

Explanation

Wage Order 16 §11(A) requires a paid, duty-free rest period of net ten minutes for every four hours worked or major fraction thereof, scheduled insofar as practicable in the middle of each work period; Brinker read 'major fraction' as more than two hours into a new four-hour block. (d) gets the count of breaks roughly right for a long shift and both other features wrong: rest periods are paid, counted as hours worked, and not at the employer's discretion. (b) pushes the single break to the end of the shift, which defeats the mid-period rule. (c) is the belief that field work is exempt; Wage Order 16 exists precisely to cover it, and a denied rest period carries the §226.7 one-hour premium. Wage Order 16 §3 allows alternative arrangements only through a qualifying collective bargaining agreement.

Law Reference: IWC Wage Order 16-2001, §11(A), §3; Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004

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