雇佣要求第 900 / 1632 题

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 of paid rest for every 4 hours worked
b.10 minutes of paid rest per 4 hours or major fraction
c.15 minutes of unpaid rest for every 8 hours worked
d.One 30-minute paid rest period for the whole shift

解析

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.

法律依据: IWC Wage Order 16, §11; Brinker v. Superior Court (2012) 53 Cal.4th 1004

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