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When does a break begin under California law …. when they leave their work station or after they have entered a lunch room – assuming a 5 minute walk to get there?

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  • When does a break begin under California law …. when they leave their work station or after they have entered a lunch room – assuming a 5 minute walk to get there?

The Wage Orders require a rest break duration of “net” 10 minutes. This has been interpreted by the DLSE to mean that the rest break begins when the employee reaches an area away from the workstation that is appropriate for rest. In other words, if the rest area is at a distance from the workstation, the time required for the rest break will need to be more than 10 minutes to allow time to reach the rest area, rest for 10 minutes, and then return to the workstation. https://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm


January 2019
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