EmploymentQuestion 900 of 1605

Under California rest-break rules, how much paid rest time must a non-exempt employee generally receive, and how is it calculated?

a.20 minutes paid rest per 4 hours worked
b.10 minutes paid rest per 4 hours worked or major fraction thereof
c.15 minutes unpaid for every 8 hours worked
d.One 30-minute paid rest for the entire shift

Explanation

California Wage Orders require a paid, duty-free rest period of 10 minutes for every 4 hours worked or 'major fraction thereof' (more than 2 hours into a new 4-hour block). Rest periods are counted as hours worked and are therefore paid, unlike meal periods. The California Supreme Court in Brinker clarified the timing and the 'major fraction' rule.

Law Reference: IWC Wage Order; Brinker v. Superior Court

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