EmploymentQuestion 686 of 690
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.One 15-minute paid rest break per 8 hours, taken only at the end of shift
b.A paid, duty-free rest period of net 10 minutes per 4 hours worked or major fraction thereof, scheduled insofar as practicable in the middle of each work period; an employer using a CBA may have alternative arrangements meeting §3 of WO 16
c.Two 20-minute unpaid breaks per shift, at the employer's discretion
d.No rest periods are required for construction workers
Explanation
IWC Wage Order 16-2001 §11 (mirroring Labor Code §226.7 and §512) requires a paid 10-minute rest period for every 4 hours worked or major fraction thereof, scheduled near the middle of each work period when practicable. Rest periods are off-duty and uninterrupted; if denied, the §226.7 one-hour premium applies. WO 16 §3 allows alternative work-period and rest arrangements through a qualifying CBA. The 15-minute end-of-shift, 20-minute unpaid, and no-rest options are not California law. 'Major fraction thereof' generally means more than 2 hours into a new 4-hour block (per Brinker Restaurant v. Superior Court).
Law Reference: Industrial Welfare Commission Wage Order 16Practice all 690 questions free — no signup required.
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