On-Call Rest Periods

California employers are required to provide rest periods that are completely uninterrupted. Non-exempt employees are allotted a paid, 10-minute rest break every four hours worked. What are the consequences and tips to enforce this?

Consequences

Employers could face severe penalties if they do not provide their employees an uninterrupted 10-minute rest break. Consequences include an additional hour of pay for each workday that their full rest breaks are not given. This could increase if an employee is terminated and then also receives waiting time penalties.

Tips to Enforce

 1.     If an employee must be on-call in the case of an emergency, allow another employee to relieve them so they can take their full break.

2.     In the case that an employee’s break is interrupted, allow them to re-take their 10-minute break.

3.     If an employee’s break is interrupted, pay them an extra hour of pay.