Under California rest-break rules, how much paid rest time must a non-exempt employee generally receive, and how is it calculated?
Explanation
The Wage Orders require a paid, duty-free 10-minute rest period per 4 hours worked 'or major fraction thereof,' which Brinker read as more than two hours into a new four-hour block. (a) doubles the duration; 20 minutes is the separate heat-illness recovery period, not the rest break. (c) makes the break unpaid and stretches the divisor to 8 - rest periods are counted as hours worked and are paid, which is what separates them from meal periods. (d) collapses rest into a single mid-shift break, which is the meal-period structure, not the rest structure.
Law Reference: IWC Wage Order 16, §11; Brinker v. Superior Court (2012) 53 Cal.4th 1004This topic, taught in full in the CSLB Law & Business guide. CSLB Law & Business — Complete Study Guide (2026) — PDF + EPUB, $24.99 · 14-day refund →
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