Go to navigation Go to content
Phone: 619-304-1000
The Turley Law Firm P.C.

What are my rights to rest breaks based upon California Wage Law? This is the most comprehensive webpage on California Rest Break Law!

I am confident in saying that this is the most comprehensive source (webpage or otherwise) on California rest periods anywhere. I guarantee it. 

If you want to find out what your rights are in California in regards to rest breaks - -  then you have come to the right webpage. because this is the only place you are going to find all of this fantastic free information. This is cutting edge stuff.  So, hang on, you are probably going to find out that you are owed quite a bit of money due to your not getting your rest breaks. 

California law has some of the strongest worker protection laws.  If you aren't getting your rest breaks, you may be entitled to a lot of money. 

Here are some of the questions that you may have about California rest break law/ California rest period law that this webpage answers:

I discuss all of these questions and issues in much more depth on this webpage. In this section i provide quick, concise answers to common California rest break questions. If you want more information, authority, reasoning and/or legal citations I provide all of that in this article. if you want more information or help, feel free to contact us at 619-304-1000 or fill out the contact form on this webpage. 

What are my rights to rest breaks in California?
 
Based upon California law, your employer must authorize and permit you to take a 10 minute, net rest break, every two hours or major fraction thereof.
Meaning, a 10 minute rest break when you work 3.5 hours, a second rest break when you work 6 hours, a third rest break when you work 10 hours, a fourth rest break when you work 12 hours and a fifth rest break when you work 14 hours.
 
The rest break must be a net 10 minutes resting. If you are walking to or from the rest break, you did not get a net 10 minutes rest.
 
California rest break law is based upon California Wage Orders. Most Wage Orders state that the rest break must be provided at a suitable resting facility. Which is usually a break room.
 
Your employer must relieve you of all duties and control during your rest break.

What can I recover money if I don't get a rest break?
 
If you do not receive a legally compliant rest break you are entitled to an hour’s pay at your regular rate of pay.
 
Do I have to be relieved of all duty during rest breaks?
 
Yes, this is based upon the Brinker and Augustus California Supreme Court cases.
 
I know these cases really well because I represented the workers in the Brinker case and I wrote the winning brief in the Augustus case.
 
All duties means all. If you are subject to any employer duty and/or employer control during your rest break, then you did not receive a legally complaint rest break.
 
What is the law for rest periods in California?
 
The law for California rest breaks is based upon the California wage Order for your industry and/or occupation. The hour’s premium pay for missed rest breaks is based upon California Labor Code Section 226.7. 
 
The main two cases that establish your rights to rest breaks are the Brinker and Augustus California Supreme Court cases.
 
What are the Wage Order requirements for rest breaks for the industry or occupation that I work in?
 
There are 17 Wage Orders for the various California industries and occupations (and a Minimum Wage Order).  Each Wage Order has specific requirements for rest breaks. At the end of this article I go through each of the California Wage Orders and I lay out the rest period requirements for each.
 
Is it a violation of California's pay stub laws if I don't get paid a rest break premium?
 
Yes, if you are entitled to a rest break premium and the premium isn’t listed on your paycheck stub for the pay period that the rest break period premium arose, then it is a paycheck violation.  This entitles you to a paycheck violation penalty.

Can I get waiting time penalties if I'm not paid wages for missing rest periods?  
 
Yes, a rest period premium is a wage. Thus, if you aren’t paid all of your wages timely at time of termination, then you are owed waiting time penalties.

If I am forced to stay on company grounds during rest breaks by my employer, is that a violation of rest period laws?
 
Generally, yes.  Your employer can not “make” you or “force” you to stay on company property during rest breaks. There is a caveat here though. You may be tethered by time and distance.
 
For example, if you work in a factory and it takes you longer than 10 minutes to get to the factory entranceway from your work station and/or suitable resting facility - then it is probably not a rest period violation.
 
In this instance he fact that you could not leave the factory premises during your rest break is not based upon a policy or practice of your employer forbidding workers from leaving the premises during rest breaks. Instead, your inability to leave the premises is because the time it requires you to cover the distance in 10 minutes.
 

What can I do if I don't get my rest breaks? 

The short answer is that under California law, you can bring a claim in order to enforce your rights to rest breaks in California. You can file a lawsuit for yourself individually, file a class action case, file a PAGA collective action or you can contact the California Labor Commissioner to have them file a claim for you. 

But, you need to take action. I suggest that you contact the best, California wage and hour lawyer that you can find and discuss your options with them. 

Can I waive my rest break under California law? 

Employees in California can waive a rest break. Meaning, you can choose not to take a rest break.  But, you can't waive what you didn't get.  Meaning, if your employer doesn't have a written policy allowing a third rest break when you work 10 hours, then you can't waive what you didn't get. 

What is a facially unlawful rest period policy? 

This is a written rest period or rest break policy that is unlawful on it's face. For example, a written rest break policy that doesn't say you get a rest break at 3.5 hours. This is actually one of the illegal - facially unlawful rest break policies in the Brinker case. The company only authorized and permitted a rest break when workers worked 4 hours (as opposed to 3.5 hours).  

What if my employer discourage workers from taking rest breaks and/or impedes us from taking rest periods? 

This is illegal. One of the employers duties as laid out by the California Supreme Court in the Brinker and Augustus cases is employers must bot do anything (including a policy and/or practice) of discouraging or impeding employees from taking rest breaks. 

 

Can I file or bring a class action case for missed rest breaks under California law?

Yes. Filing a class action case is usually the best way to enforce California wage and hour law. This includes wage and hour class actions for rest break violations.  In fact, the historic Brinker California Supreme Court case was based upon rest break violations (and meal break violations). The Augustus California Supreme COurt case that I wrote the winning brief for was also a class action rest period case. 

I have won large settlements in dozens and dozens of rest break class action cases. 

What does "major fraction thereof"  mean?

In lay terms, the employer must provide a rest break as follows:
 
  3.5  hours    1st rest break
  6     hours    2nd rest break
10     hours    3rd rest break
12     hours    4th rest break
 

Examples of when you're not getting a legally compliant rest break


Under the Augustus California Supreme Court case: 

You aren’t getting a legally compliant 10 minute rest breaks  if  you have to spend any part of that 10 minutes going to or from a "suitable resting facility." Meaning: the break room. 
You aren’t getting a legal rest break if you have to keep your radio or phone on during a rest break.
You aren't getting a legal rest break if you can't leave your employer's facility during your rest break. 
You aren't getting a legal rest break if you have to cover the phones during your rest break. 
You aren't getting a legal break break if you have to keep and eye on the store and take care of customers if they come in the store. 
You aren’t getting a legal rest break if you have to stay nearby the employer’s location - in case they need you.
You aren’t getting a legal rest break if you have to keep an eye out on the truck while you're on your rest break. 
You aren't getting a legal rest  break if you have to stay in the vicinity of the truck during your rest break. 
You aren't getting a legal rest break if you have to keep cash and checks in your pocket during your rest break. 
You aren't getting a legal rest break if you have keep your hand held with you during  your rest break. 

These are all examples, there are a lot more "what if's" that may mean that you didn't get your legally complaint rest break. 

 

An insider's view of California Rest Break Law 

Insidera person who is a member of a group, organization, society, etc. a person belonging to a limited circle of persons who understand the actual facts in a situation or share private knowledge. 

An "insider's view."  That is a pretty bodacious or even outlandish statement, don't you think? Even arrogant maybe. 

But in the case of Bill Turley, it's certainly accurate. It's actually spot-on. 

How can this be? 

First, Bill represented the workers in the historic California Supreme Court Case - Brinker vs. Superior Court. The first California Supreme Court case that addressed workers rights to rest breaks (and meal breaks) in California. Bill wrote the winning brief in the California Supreme Court case - Augustus vs. Superior Court that clearly laid out the duties employers have to provide rest breaks in California. 

Bill is regularly asked to testify before the California State Senate and Assembly on California wage law. Bill helped write the recent changes to the California PAGA wage laws.  There's more, much more, that qualifies Bill as an insider on California rest break law, but that's enough to mention for now. 


We're not telling you all this to brag. We're telling you this so you know that Bill Turley is an insider on California wages law. 

 

Bill Turley regularly testifies before the California State Senate and California Assembly on wage and hour legislation - some folks consider him to be THE expert on California wage law

What are my rights to rest breaks under California law?  This is the most comprehensive article on California rest period law.

Need help right now? 

Call us at 619-304-1000 

Or fill out the contact form on this webpage.

 

California Rest Break Law - don't let some yo-yo screw up your right to receiving unpaid wages

California rest break law is one of the most misunderstood areas of California wage and hour law. Time and again I see lawyers that call themselves "wage and hour lawyers" screw this up. They don't get it. They think they get it, but they don't. Which can and will cost you a lot of money if you end up with one of these yo-yo's in your unpaid wages case or unpaid wages class action case. 
 
So I am going to go into great detail on exactly what the duties are for employers in California to provide rest breaks. And I am going to go into detail as to what exactly is a breach of an employer's duty to provide rest breaks. Meaning, how this affects you..... If you are thinking about hiring someone for your unpaid wages case, I suggest you use this article to quiz them.  You can find out if this is the lawyer you want helping you. 
 

An hour's pay for every time you don't get a legal rest break in California (don't skip over this section)

This isn't some type of theoretical discussion.  Under Labor Code Section 226.7, if your employer doesn't provide you with a legally compliant rest break, then you are owed an hour's pay.  This is going back four years.
 
For example, if you are paid $15 an hour and you work 260 days a year, and we are only talking about just one rest break violation per day, you are looking at $3,900. And if we go back four years, you are looking at $15,600. Have I got your attention now? I thought so.  Good. Keep reading....
 
Not to mention paycheck stub violations ($4,000), waiting time penalties ($3,600). Not to mention the PAGA penalties. Have I really got your attention? 
 
Now let's drill down and see if your employer (or former employer)  owes you for rest break violations. You  may be surprised. 
 

It's all in the Wage Orders 

California wage laws are found in two places - the California Labor Code and California Wage Orders.  For more on California Wage Orders click here and for more on Wage Order No. 9 click here. 
 
As I explain in the article on California Wage Orders, it's important to first determine which Wage Order applies to your industry/ occupation. Once you do that, then you can look to the specific Wage Order in order to determine the specific Wage Order requirements. 
 
In regards to rest breaks (unlike for example, meal breaks), there is no California Labor Code section that states workers are entitled to rest breaks.  Thus, that is what I mean when I say, "It's all in the Wage Orders."  Meaning, California rest break laws are all contained in the various Wage Orders. 
 
Wage Orders No. 1, 2,3,4,6,7,11,13, and 15 all have the following Sections pertaining to rest breaks: 
 
 12. REST PERIODS
  (A)  Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work period. The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof. However, a rest period need not be authorized for employees whose total daily work time is less than three and one-half (3 1/2) hours. Authorized rest period time shall be counted as hours worked for which there shall be no deduction from wages.
  (B)  If an employer fails to provide an employee a rest period in accordance with the applicable provisions of this order, the employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each work day that the rest period is not provided.
 
  13.  CHANGE ROOMS AND RESTING FACILITIES
  (B)  Suitable resting facilities shall be provided in an area separate from the toilet rooms and shall be available to employees during work hours.
 
  17. EXEMPTIONS
If, in the opinion of the Division after due investigation, it is found that the enforcement of any provision contained in Section 7, Records; Section 12, Rest Periods; Section 13, Change Rooms and Resting Facilities; Section 14, Seats; Section 15, Temperature; or Section 16, Elevators, would not materially affect the welfare or comfort of employees and would work an undue hardship on the employer, exemption may be made at the discretion of the Division. Such exemptions shall be in writing to be effective and may be revoked after reasonable notice is given in writing. Application for exemption shall be made by the employer or by the employee and/or the employee’s representative to the Division in writing. A copy of the application shall be posted at the place of employment at the time the application is filed with the Division.
 
I will discuss each of these sections herein below. 
 
At the end of this webpage, I list all of the various Wage Orders and provide the specific sections relating to rest periods. 
 
It should be noted that the difference between the various wage orders is important to all of the Wage Orders. Importantly, the California Supreme Court noted this in the Augustus case. For example, the fact that Wage Order 5 allows for employers to require workers to stay on premixes and stay on duty during rest breaks, supports the notion that it is illegal for employers to require workers subject to other Wage Orders to remain on premises and have any work duties during rest periods. 
 

Need help right now? 

Call us at 619-304-1000 

Or fill out the contact form on this webpage. 

 

Employers have a duty to authorize and permit rest breaks

Employers are required to authorize and permit the amount of rest break time called for under the wage order for its industry. Brinker Restaurant Corp. v. Superior Court  53 Cal.4th 1004, 1033  (2012).  If an employer fails to authorize and permit the amount of rest break time called for under the wage order for its industry 
it has violated the wage order and is liable. Brinker Restaurant Corp. v. Superior Court  53 Cal.4th 1004, 1033 (2012). 

 

Class action cases and uniform policies and/or practices

Generally, many courts may require you to be able to show a uniform practice and/or procedure in order to bring a class action case, including a rest period class action lawsuit. That is, you may have to show that a company and/or a company location has a uniform practice of not authorizing and permitting rest breaks. 
 
For example, one of the uniform rest period policies which the California Supreme Court approved of as justification for certifying a class action case in the Brinker Supreme Court case was Brinker’s policy of allowing rest breaks every four hours. That is, instead of allowing a rest break at 3.5 hours, for instance, Brinker Company only allowed a rest period for workers that worked four hours.
 
Thus, based upon the employer’s uniform policy in Brinker, workers that worked from 3.5 hours to 4 hours, were not authorized and permitted to take a rest break. Instead, workers were only authorized and permitted to take a rest break if they worked 4 hours. And workers that worked 6 hours to 8 hours, were not provided a rest break. Instead, workers were only authorized and permitted to take a rest break if they worked 8 hours.
 
Based upon what I see, this is the area where many lawyers get hung up on when bringing a rest period class action case.  And this is the area where your lawyer needs to marshaling the evidence in order to win your case.  
 

What is a “facially unlawful” rest break policy?

In the preceding paragraph I discussed Brinker’s policy of only allowing a rest break after four hours of work, as opposed to 3.5 hours. This is an example of a “facially unlawful” rest break policy. Meaning, a rest break policy that “on its face” is illegal. 
 
Another example of a facially unlawful rest break policy is company’s rest break policy that only allows two rest breaks in a shift. Thus, workers that work over 10 hours are not allowed to take a third rest break. Thus, the rest break policy is called “facially unlawful” because it doesn’t allow a third rest break when employees work 10 hours.
 
Generally in an wages class action case one of the first things we ask for in the discovery process (the part of the case where the company has to produce documents to us) is all of the company's wage and hour policies, employee manuals and the like.  Then we do an analysis of the documents in order to determine whether they first have written wage and hour policies and if they do, whether they are "facially unlawful." 
 

You can “waive” a rest break - But: you can’t waive what you didn’t get

Employees in California can waive a rest break. Meaning, you can choose not to take a rest break. Which, of course, employers are quick to point out  - -  since workers can waive a rest break, that workers can’t bring a class action case because it would result in “individualized issues” having to be decided by the court about whether an employees didn’t actually receive their rest break or “waived” their  rest break.
 
This very issue was addressed by the California Supreme Court in the historic Brinker case.
 
In Brinker, the Fourth District Court of Appeal (4th DCA) concluded that because rest breaks can be waived  any showing on a class basis that plaintiffs or other members of the proposed class missed rest breaks or took shortened rest breaks would not necessarily establish, without further individualized proof, that Brinker violated the Labor Code and Wage Order No. 5.
 
The California Supreme Court in Brinker held that this was error by the 4th DCA:

An employer is required to authorize and permit the amount of rest break time called for under the wage order for its industry. If it does not if, for example, it adopts a uniform policy authorizing and permitting only one rest break for employees working a seven hour shift when two are required it has violated the wage order and is liable. No issue of waiver ever arises for a rest break that was required by law but never authorized; if a break is not authorized, an employee has no opportunity to decline to take it. As Hohnbaum pleaded and presented substantial evidence of a uniform rest break policy authorizing breaks only for each full four hours worked, the trial court's certification of a rest break subclass should not have been disturbed.
Brinker Restaurant Corp. v. Superior Court, 53 Cal. 4th 1004, 1033 (2012).
 
In other words, the California Supreme Court held that workers can’t waive what they didn’t get. Since Brinker Company didn’t authorize and permit rest breaks for workers that worked from 3.5 hour to four hours, and from 6 hours to 8 hours - the Brinker employees could not have “waived” these rest breaks that they were never authorized and permitted to take in the first place.
 
This is part of the great law that we made in the Brinker case.  Following the Brinker Supreme Court decision, we went on to get certified by our trial judge in the Brinker case for every cause of action (meal breaks, rest breaks, waiting time penalties, paycheck stub violations). We got class  certification for every cause of action except for the off the clock cause of action (that we abandoned).

It should be noted that in the Brinker  case  we ended up settling the case for over $56 million dollars. The Brinker workers were understandably thrilled.
 

Rest Periods - What if my employer doesn’t have a rest period policy?

Some employers have no rest period policy.  We see that from time to time. The employer simply has no written rest period policy.  This very rarely happens with the large employers. We are usually talking about employers that have 300 or less employees.
 
So what happens then?  We have talked about employers with “facially unlawful” rest period policies. Meaning, the written rest period policy they have is unlawful - meaning that it somehow doesn’t conform with the Wage Order for the industry. But what about employers that have no written rest period policies? That is, an absence of a rest period policy.
 
Cases after Brinker, have significantly clarified the law with respect to certification of meal and rest period classes when the company hs no rest break policy.  In  Bradley v. Networkers Int’l, LLC there was an absence of a rest break policy. The Bradley court held that the trial court should have certified the issue of a lack of a rest period policy.  The employer in Bradley, as usual, argued that the case was all about individual issues as to whether the employees took a rest break or not, even without a written rest period policy. 
 
The court of appeals in Bradley agreed with the employer on this before the Brinker decision was issued. Then after the Brinker decision, the Bradley court changed it’s position on this and the Bradley court held:
 
Moreover, as Brinker made clear, an employer is obligated to provide the rest and meal breaks, and if an employer does not do so, the fact that an employee did not take the break cannot reasonably be considered a waiver. “No issue of waiver ever arises for a rest break that was required by law but never authorized; if a break is not authorized, an employee has no opportunity to decline to take it.” (Brinker, at 1033.)
 
Networkers argues, and we agreed in our initial opinion, that the issue of which employees had missed breaks and how many breaks were missed and whether  those missed breaks were the result of Networkers's lack of a break policy was highly dependent on the testimony of each plaintiff, essentially requiring a mini trial on each class member's case to determine the eligibility for recovery and the amount of damages to which each plaintiff would be entitled.
 
However, this argument conflicts with Brinker's clear holdings that for meal breaks, an employer has an obligation to relieve its employee of all duty, permit the employee to take an uninterrupted 30 minute break, and to not impede or discourage the employee from doing so. (Brinker, at 1040.) Similarly, an employer has an obligation to provide a rest break, and if the employer fails to do so, the employer cannot claim the employee waived the break. (Brinker, at 1033.) Under the logic of these holdings, when an employer has not authorized and not provided legally required meal and/or rest breaks, the employer has violated the law and the fact that an employee may have actually taken a break or was able to eat food during the workday does not show that individual issues will predominate in the litigation.
Bradley v. Networkers Internat., LLC, 211 Cal. App. 4th 1129, 1150 1151 (2012). (Emphasis added). 
 
Similarly, the court in Benton v. Telecom Network Specialists held that the denial of class certification was improper in light of evidence that the defendant uniformly lacked a meal and rest period policy. Benton v. Telecom Network Specialists 220 Cal.App.4th 701, 725 726 (2013).
 
In summary, first, if your employer has no rest period policy, you can’t waive what you didn’t get. Second, the argument that some workers actually took a rest break goes to damages, and does not prevent class certification.
 
Nevertheless, there are some Federal District Courts that still don’t certify “absence of policy” case by taking the convoluted view that it is still “individualized issues” concerning whether workers actually took a rest break, even if they weren’t authorized by a written policy. 
 

Your next step?

Call us at 619-304-1000 

Or fill out the contact form on this webpage.

 

Timing of rest breaks

Under California law, employers are required to provide rest periods to employees every four (4) hours or "major fraction thereof."  If you don't know what a "major fraction thereof" means, don't worry. Most people don't either, including many companies. 
 
What you are going to see is that most of the court cases have focused on when rest breaks are supposed to be taken. In fact, the Brinker California Supreme Court case concerned the timing of rest breaks. "Timing" focuses on how many rest breaks employers are supposed to authorize and permit in any given time period.
 

"Every four hours worked or major fraction thereof"

Most of the Wage Orders have the same language relating to rest periods. Let's focus on two sentences:
 
The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof. (Emphasis added).
Wage Order 9-2001 12(A).
 
This is the typical language found in most of the Wage Orders. 
 
 
What does "major fraction thereof" mean?
 
One of the holdings in the Brinker Supreme Court case is the timing of rest breaks. Meaning, how often you are entitled to a rest break.
 
Employers must provide a 10 minute, completely duty free rest period per every four hours worked "or major fraction thereof."  In lay terms, the employer must provide a rest break as follows:
 
  3.5  hours    1st rest break
  6     hours    2nd rest break
10     hours    3rd rest break
12     hours    4th rest break
 
You might be wondering we you aren't entitled to a rest break at the two hour point. This is because the Wage Orders state, you aren't entitled to a rest break under California law until you have worked 3.5 hours: "...a rest period need not be authorized for employees whose total daily work time is less than three and one-half (3 1/2) hours."


The Brinker case and the Augustus case

There are two main California Supreme Court cases concerning rest breaks. The first is the landmark 2012 Brinker vs. Superior Court case.  I represented the workers in the Brinker case. The second is the 2016 Augustus vs ABM case.  I wrote the winning brief in the Augustus Supreme Court case. Because of my involvement with these cases, I have some unique takes on these case. I was literally in the trenches with these two California Supreme Court rest period cases. 
 
Some commentators suggest that the Augustus case was a monumental ruling on employer's obligation to provide rest periods.  I agree and disagree. Let me explain. 
 
First, I agree that some employers see the Augustus decision as making new rest break law in California.  It seems that is only because they did not read the Brinker decision closely. Or more likely, chose to mis-read the Brinker decision in order to take advantage over their employees.
 
But before I explain this in more depth, let's take a quick look at exactly what the Supreme Court ruled in the Augustus case. First, employees must be relieved of all duties during rest breaks. Stated differently, rest breaks must be duty free.  Which is a corollary of what  the Supreme Court held in the Brinker case regarding meal breaks:
 
The employer satisfies it's obligation to provide meal breaks if it:

1.  Relieves its employees of all duty,
2.  Relinquishes control over their activities and
3.  Permits them a reasonable opportunity to take an uninterrupted 30 minute break, and
4.  Does not impede or discourage them from doing so.  Or provide an incentive to forego.
Brinker Restaurant Corp. v. Superior Court, 53 Cal. 4th 1004, 1040 (Cal. 2012)  
 
Thus, it is the same with rest breaks in California. The employer satisfies it's obligation to provide rest breaks if it:
 
1.  Relieves its employees of all duty,
2.  Relinquishes control over their activities and
3.  Permits them a reasonable opportunity to take an uninterrupted 10 minute break, and
4.  Does not impede or discourage them from doing so.  Or provide an incentive to forego.  
Augustus v. ABM Security Services, Inc., 2 Cal. 5th 257, 265, (2016).
 
In at least four different places in the Augustus decision, the Supreme Court stated that an employer's obligation to provide rest breaks is the same as it is to provide meal breaks. 


Need help now?

You can call 619-304-1000 or fill out the contact form on this page

 

When your employer requires you to perform any work duties during your rest break, your employer is clearly not in compliance with California rest break law - unless your employer also pays you an hour's pay

This bears being stated differently in order to make sure that it is well understood. 
 
Your employer can require you to carry a pager or cell phone during rest periods. Or your employer can make you perform work duties during your rest break. But if they do - then your employer is required to pay you an hour's pay under Labor Code Section 226.7.
 
The only exception to this are workers that fall under Wage Order 5 and Wage Order 17. 
 

The most important part of a rest period is allowing employees to actually rest

Definition of "rest":  Cease work or movement in order to relax, refresh, or recover strength.
 
What is getting lost here is that the whole purpose of a rest break is to allow employees to rest. Allowing employees to rest in order to protect employees.
 
"[I]n light of the remedial nature of the legislative enactments authorizing the regulation of wages, hours and working conditions for the protection and benefit of employees, the statutory provisions are  to be liberally construed with an eye to promoting such protection." Brinker Restaurant Corp. v. Superior Court, 53 Cal. 4th 1004, 1026 1027 (2012).
 
Meal and rest period requirements  "Have long been viewed as part of the remedial worker protection framework." Murphy v. Kenneth Cole Productions, Inc., 40 Cal. 4th 1094, 1105 (2007). 
 

The important part is that employees actually get to rest. You aren't resting when you are on-duty. You aren't resting when you are walking from your work station to a suitable resting facility. You aren't resting while you are waiting in a security line.
 
An employer preventing you from leaving the workplace during your rest period - means that you were not authorized and permitted to take a legally compliant rest break under Augustus.

 
It's important to look at what the Supreme Court said in Augustus about relinquishing control and relieving employees of all duties for rest breaks:
 
What they require instead is that employers relinquish any control over how employees spend their break time, and relieve their employees of all duties including the obligation that an employee remain on call. 
Augustus v. ABM Security Services, Inc., 2 Cal. 5th 257, 272 273 (2016).(Emphasis added).
 
 
The Augustus decision clearly states, "any control" and "all duties." "Any control" has to include preventing you from leaving the work place during a rest period.
"All duties" has to include the duty to remain at the work place during a rest period.
 
The next important word to focus on in this sentence is "including." Which refers to "the obligation to remain on call."  There is no reasonable way to read this to mean that being on-call is the only duty or control the Supreme Court is addressing in Augustus is the duty to remain "on call."
 
The reason why the Supreme Court focused on remaining "on call" is because the "on-call" duty is the duty that the employer required employees to perform in the Augustus case. It in no way suggests that being "on-duty" the only duty that will trigger the imposition of an employer having to pay an hour's pay under Labor Code Section 226.7.
 
To be sure, in the Augustus case the Supreme Court most clearly states "on-call" rest periods are not compliant with California law. But the Supreme Court also clearly states that "any control" means "any control." And "all duties" means "all duties."\
 
When your employer requires you to stay on the employer's premises during a rest period, your employer has placed a duty on you. No two ways about it. The duty to stay on the employer's premises.
 

Being forced to stay on your employer's premises is the ultimate form of control - just like imprisonment

 
When your employer requires you to remain in the work place during a rest break - you are under the employer=s control. No two ways about it.  You are being limited to where you can go. This is a ultimate form of control.
 
Definition of "Imprisonment":   The state of being imprisoned, captivity.
 
When your employer prevents you from leaving the work site it is the ultimate "control." In fact, there is even a cause of action for it. It is called "false imprisonment." Not to suggest that you can bring a false imprisonment law suit for all of this. But you are owed an hour's wage because you are not provided a legally compliant rest period.
 

But wait there's more in the Augustus decision about being able to leave the work place during rest breaks   

 
Perhaps understanding that so many folks had mis-read the Brinker decision and anticipating that folks weren't going to get the full meaning of what "any control" and "all duties" really means, the Supreme Court addresses being able to leave the work site in the Augustus decision.  Here is the first reference:
An employee on call cannot take a brief walk five minutes out, five minutes back if at the farthest extent of the walk he or she is not  in a position to respond.
Augustus v. ABM Security Services, Inc., 2 Cal. 5th 257, 270 (2016).
 
Again, don't make the mistake to think that only refers to being "on-call." Remember, the "any control" and "all duties" modifying the phrase including the obligation that an employee remain on call, we just looked at?
 
The Wage Orders certainly understand and prescribe that certain employees can be required to "remain on the premises" during rest periods
 
The rest period provision in Wage Order 5  suggests that the IWC was capable of authorizing on premises rest periods in certain circumstances but did not do so in the other Wage Orders.
 
The key provision in Wage Order 5 contains the following language:
 
...employees with direct responsibility for children who are under 18 years of age or who are not emancipated from the foster care system and who, in either case, are receiving 24 hour residential care and employees of 24 hour residential care facilities for elderly, blind or developmentally disabled individuals may, without penalty, require an employee to remain on the premises and maintain general supervision of residents during rest periods if the employee is in sole charge of residents. Another rest period shall be authorized and permitted by the employer when an employee is affirmatively required to interrupt his/her break to respond to the needs of residents.
Wage Order 5 2001 Subdivision 13(C). (Emphasis added).

That is, Wage Order 5's rest period provision allows, in limited circumstances, employers to require employees to remain on premises for rest periods.
The absence of analogous language in Wage Order 4 is compelling evidence the IWC did not intend to generally permit employers to require employees to remain on call during rest periods.  In fact, the Augustus Court used this very logic in regards to on-duty rest breaks.  Augustus v. ABM Security Services, Inc., 2 Cal. 5th 257, 272 (2016).
 
The Augustus court cited to the Supreme Court decision in Mendiola for the same principal that if one Wage Order only allows for employer to retain control over employees during rest breaks under limited circumstances than the conclusion must be that
 
the other Wage Orders to not allow employers to exert the same control during rest breaks.
 
Since the Wage Orders allow in only limited circumstances for employer to require employees to remain on premises on rest breaks, then this seriously undermines the notion that the IWC intended for employees to have to remain on premises during rest breaks. Mendiola v. CPS Security Solutions, Inc., 60 Cal. 4th 833, 847 (2015).

 
Following Augustus, the DLSE has adopted the position that on premises rest period requirements are unlawful. In theAFAQ section of the DLSE's website, it now answers the question of whether an employer may require employees to stay on premises during rest periods as follows:
 
No, your employer cannot impose any restraints not inherent in the rest period requirement itself. In [Augustus], the California Supreme Court held that the rest period requirement obligates employers to permit   and authorizes employees to take B off duty rest periods. That is, during rest periods employers must relieve employees of all duties and relinquish control over how employees spend their time.

Your next step?

If you aren't getting your rest breaks, I suggest that you contact and try to hire the best, honest wage lawyer that you can find. 


Why this is all important (listen up) - you are entitled to an hour's pay every time you didn't get a legally complaint meal break

 
Under California law - every time you don't get a legally compliant meal break you are entitled to an hour's pay.  This is based upon California Labor Code Section 226.7. 

But wait, there's more (actually much more).

Which also means you are entitled to paycheck violations, waiting time penalties, PAGA penalties and the like.  
 

Rest breaks and paycheck stub violations

The court in the Wackenhut case held that a failure to include “premium wages” for rest break violations on wage statements, was suitable for class treatment:
 
“Second, because plaintiffs' meal and rest period claims are suitable for class treatment, their theory that the wage statements failed to include premium wages earned for missed meal and rest periods also is suitable for class treatment.”
Lubin v. The Wackenhut Corp., 5 Cal. App. 5th 926, 960 (2016).
 
The key part is the Wackenhut court’s statement that missed meal breaks and rest breaks gave rise to premium wages.  Thus, supporting that a failure to place all wages earned on a wage statement gives rise to a pay stub violation under California Labor Code Section 226.

Rest breaks and waiting time penalties

Although not directly addressed by the Wackenhut court, if rest break and meal break violation give rise to “premium wages” for wage statement violations, then they are also wages for purposes of waiting time penalties. Let me explain.
 
If an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately. California Labor Code Section 201(a).
 
If an employer willfully fails to pay any wages of an employee who is discharged, the wages of the employee shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced; but the wages shall not continue for more than 30 days.  California Labor Code Section 203(a).
 
Please note Section 203(a) refers to “any wages.”  Since failing to provide  meal periods and rest periods give rise to “premium wages” - the these premium wages also give rise to waiting time penalties. Lubin v. The Wackenhut Corp., 5 Cal. App. 5th 926, 960 (2016).
 
“The plain purpose of [Labor Code] sections 201 and 203 is to compel the immediate payment of earned wages upon a discharge.” Smith v. Superior Court 39 Cal.4th 77, 92 (2006). The prompt payment of an employee's earned wages is a fundamental public policy of this state. Smith v. Superior Court 39 Cal.4th 77, 82 (2006).
 
Unpaid wages are due immediately upon discharge. California Labor Code Section 201(a). This requirement is strictly applied and may not be undercut by company payroll practices or “any industry habit or custom to the contrary.”  Zaremba v. Miller 113 Cal.App.3d Supp. 1, 6  (1980);  Kao v. Holiday 2 Cal. App. 5th 947, 962 (2017).  
 
“[A]n employee's rate of pay must be calculated as a daily figure, which can then be multiplied by the number of days of nonpayment.” Mamika v. Barca 68 Cal.App.4th 487 (1998).
 
Since the missed meal period and missed rest period are premium wages, they also have to be included in the calculation for commutating the employees rate of pay as a daily figure.
 
For example, if you work 8 hours a day and earn $12 an hour, your daily rate is $96. (8 hours x $14 = $96).
 
However, if you also aren’t provided a legally compliant rest break every day, then the pay for the rest break are “premium wages.” Lubin v. The Wackenhut Corp., 5 Cal. App. 5th 926, 960 (2016). Labor Code Section 203(a) refers to Any wages. 
 
Thus, you owed an additional hour’s premium wage under California Labor Code Section 226.7. Thus, when calculating your daily rate, you have to also add in all wages under Section 203 - thus your daily rate includes the 226.7 hour of premium wages. Thus, your daily rate in this example is $108.

$108 x 30 days = $3,240 in waiting time penalties owed
 

Have questions? 

 
Call us at 619-304-1000 
or fill out the contact on this webpage 
 
Bill Turley was named "California's Leading Wage and Hour Class Action Lawyer
by San Diego Attorney Journal
Best California Rest Break Lawyer - Named by Attorney Journal as California's Leading Wages Class Action Lawyer


Rest Breaks - What’s in the Wage Orders

Here is a breakdown of each Wage Order the corresponding rest period requirements.
 
The 18 California Wage Orders include provisions for:  
 
1.  Manufacturing Industry
 
 12. REST PERIODS
  (A)  Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work period. The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof. However, a rest period need not be authorized for employees whose total daily work time is less than three and one-half (31/2) hours. Authorized rest period time shall be counted as hours worked for which there shall be no deduction from wages.
  (B)  If an employer fails to provide an employee a rest period in accordance with the applicable provisions of this order, the employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each work day that the rest period is not provided.
  13.  CHANGE ROOMS AND RESTING FACILITIES
  (B)  Suitable resting facilities shall be provided in an area separate from the toilet rooms and shall be available to employees during work hours.
  17. EXEMPTIONS
If, in the opinion of the Division after due investigation, it is found that the enforcement of any provision contained in Section 7, Records; Section 12, Rest Periods; Section 13, Change Rooms and Resting Facilities; Section 14, Seats; Section 15, Temperature; or Section 16, Elevators, would not materially affect the welfare or comfort of employees and would work an undue hardship on the employer, exemption may be made at the discretion of the Division. Such exemptions shall be in writing to be effective and may be revoked after reasonable notice is given in writing. Application for exemption shall be made by the employer or by the employee and/or the employee’s representative to the Division in writing. A copy of the application shall be posted at the place of employment at the time the application is filed with the Division.

2.  Personal Services Industry
 Same as Wage Order No. 1
 
3.  Canning, Freezing, and Preserving Industry
 Same as Wage Order No. 1
 
4.  Professional, Technical, Clerical, Mechanical and Similar Occupations
 Same as No. 1
 
5.  Public Housekeeping Industry
 12.  REST PERIODS
  (A)  Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work period.  The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof.  However, a rest period need not be authorized for employees whose total daily work time is less than three and onehalf (31/2) hours. Authorized rest period time shall be counted, as hours worked, for which there shall be no deduction from wages.
  (B)  If an employer fails to provide an employee a rest period in accordance with the applicable provisions of this Order, the employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each work day that the rest period is not provided.
  (C)  However, employees with direct responsibility for children who are under 18 years of age or who are not emancipated from the foster care system and who, in either case, are receiving 24 hour residential care and employees of 24 hour residential care facilities for elderly, blind or developmentally disabled individuals may, without penalty, require an employee to remain on the premises and maintain general supervision of residents during rest periods if the employee is in sole charge of residents. Another rest period shall be authorized and permitted by the employer when an employee is affirmatively required to interrupt his/her break to respond to the needs of residents.
 13.  CHANGE ROOMS AND RESTING FACILITIES
(A)  Employers shall provide suitable lockers, closets, or equivalent for the safekeeping of employees’ outer clothing during working hours, and when required, for their work clothing during non-working hours. When the occupation requires a change of clothing, change rooms or equivalent space shall be provided in order that employees may change their clothing in reasonable privacy and comfort. These rooms or spaces may be adjacent to but shall be separate from toilet rooms and shall be kept clean. NOTE: This section shall not apply to change rooms and storage facilities regulated by the Occupational Safety and Health Standards Board. (B) Suitable resting facilities shall be provided in an area separate from the toilet rooms and shall be available to employees during work hours.
 17.  EXEMPTIONS
If, in the opinion of the Division after due investigation, it is found that the enforcement of any provision contained in Section 7, Records; Section 12, Rest Periods; Section 13, Change Rooms and Resting Facilities; Section 14, Seats; Section 15, Temperature; or Section 16, Elevators, would not materially affect the welfare or comfort of employees and would work an undue hardship on the employer, exemption may be made at the discretion of the Division. Such exemptions shall be in writing to be effective and may be revoked after reasonable notice is given in writing. Application for exemption shall be made by the employer or by the employee and/or the employee’s representative to the Division in writing. A copy of the application shall be posted at the place of employment at the time the application is filed with the Division.
 
Note This wage order allows certain employees to be required to "remain on premises" and have the duty to maintain supervision over residents during rest periods. 
 
 
6.  Laundry, Linen Supply, Dry Cleaning and Dyeing Industry
 Same as Wage Order No. 1
 
7.  Mercantile Industry
 Same as Wage Order No. 1
 
8.  Industries Handling Products After Harvest
 Same as Wage Order No. 1
 
9.  Transportation Industry
 
 12. REST PERIODS
 (A)  Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work period. The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof. However, a rest period need not be authorized for employees whose total daily work time is less than three and one-half (3 1/2) hours. Authorized rest period time shall be counted as hours worked for which there shall be no deduction from wages.
(B)  If an employer fails to provide an employee a rest period in accordance with the applicable provisions of this order, the employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each workday that the rest period is not provided.
(C)  This section shall not apply to any public transit bus driver covered by a valid collective bargaining agreement if the agreement expressly provides for rest periods for those employees, final and binding arbitration of disputes concerning application of its rest period provisions, premium wage rates for all overtime hours worked, and regular hourly rate of pay of not less than 30 percent more than the State minimum wage rate.
 13.  CHANGE ROOMS AND RESTING FACILITIES
(A)  Employers shall provide suitable lockers, closets, or equivalent for the safekeeping of employees’ outer clothing during working hours, and when required, for their work clothing during non-working hours. When the occupation requires a change of clothing, change rooms or equivalent space shall be provided in order that employees may change their clothing in reasonable privacy and comfort. These rooms or spaces may be adjacent to but shall be separate from toilet rooms and shall be kept clean. NOTE: This section shall not apply to change rooms and storage facilities regulated by the Occupational Safety and Health Standards Board.
 (B)  Suitable resting facilities shall be provided in an area separate from the toilet rooms and shall be available to employees during work hours.
 
 17.  EXEMPTIONS

If, in the opinion of the Division after due investigation, it is found that the enforcement of any provision contained in Section 7, Records; Section 12, Rest Periods; Section 13, Change Rooms and Resting Facilities; Section 14, Seats; Section 15, Temperature; —9 or Section 16, Elevators, would not materially affect the welfare or comfort of employees and would work an undue hardship on the employer, exemption may be made at the discretion of the Division. Such exemptions shall be in writing to be effective and may be revoked after reasonable notice is given in writing. Application for exemption shall be made by the employer or by the employee and/or the employee’s representative to the Division in writing. A copy of the application shall be posted at the place of employment at the time the application is filed with the Division.
 
Note:  This Wage Order has different rest break rules for public bus drivers that are covered by certain requirements in CBA's (Labor Union contracts). 
 
10.  Amusement and Recreation Industry
 
 12.  REST PERIODS
  (A)  Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work period. The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof. However, a rest period need not be authorized for employees whose total daily work time is less than three and one-half (31/2) hours. Authorized rest period time shall be counted as hours worked for which there shall be no deduction from wages.
  (B)  If an employer fails to provide an employee a rest period in accordance with the applicable provisions of this order, the employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each workday that the rest period is not provided.
  (C)  A crew member employed on a commercial passenger fishing boat who is on an overnight trip within the meaning of Section 4(E) shall receive no less than eight (8) hours off-duty time during each 24-hour period.
 13.  CHANGE ROOMS AND RESTING FACILITIES 
  (B)  Suitable resting facilities shall be provided in an area separate from the toilet rooms and shall be available to employees during work hours.
 
 17.  EXEMPTIONS      
If, in the opinion of the Division after due investigation, it is found that the enforcement of any provision contained in Section 7, Records; Section 12, Rest Periods; Section 13, Change Rooms and Resting Facilities; Section 14, Seats; Section 15, Temperature; or Section 16, Elevators, would not materially affect the welfare or comfort of employees and would work an undue hardship on the employer, exemption may be made at the discretion of the Division. Such exemptions shall be in writing to be effective and may be revoked after reasonable notice is given in writing. Application for exemption shall be made by the employer or by the employee and/or the employee’s representative to the Division in writing. A copy of the application shall be posted at the place of employment at the time the application is filed with the Division.
 
Note: this Wage Order has certain "off-duty" requirements for crew members of commercial fishing boats. 
 
11.  Broadcasting Industry
 Same as Wage Order No. 1
 
12.   Motion Picture Industry

 12.  REST PERIODS
 (A)  Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work period. The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof. However, a rest period need not be authorized for employees whose total daily work time is less than three and one-half (31/2) hours. Authorized rest period time shall be counted as hours worked for which there shall be no deduction from wages.
  (B)  If an employer fails to provide an employee a rest period in accordance with the applicable provisions of this Order, the employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each work day that the rest period is not provided.
  (C)  Swimmers, dancers, skaters, and other performers engaged in strenuous physical activities shall have additional interim rest periods during periods of actual rehearsal or shooting.
 13.  CHANGE ROOMS AND RESTING FACILITIES 
  (B)  Suitable resting facilities shall be provided in an area separate from the toilet rooms and shall be available to employees during work hours.
 17.  EXEMPTIONS      
If, in the opinion of the Division after due investigation, it is found that the enforcement of any provision contained in Section 7, Records; Section 12, Rest Periods; Section 13, Change Rooms and Resting Facilities; Section 14, Seats; Section 15, Temperature; or Section 16, Elevators, would not materially affect the welfare or comfort of employees and would work an undue hardship on the employer, exemption may be made at the discretion of the Division. Such exemptions shall be in writing to be effective and may be revoked after reasonable notice is given in writing. Application for exemption shall be made by the employer or by the employee and/or the employee’s representative to the Division in writing. A copy of the application shall be posted at the place of employment at the time the application is filed with the Division.
 
Note: This Wage Order has additional interim rest breaks provisions for performers engaged in strenuous physical activities. 

13.   Industries Preparing Agricultural Products for Market, on the Farm
        Same as Wage Order No. 1
 
14.  Agricultural Occupations
 
 12.  REST PERIODS
Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work period. The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof. However, a rest period need not be authorized for employees whose total daily work time is less than three and one-half (31/2) hours. Authorized rest period time shall be counted as hours worked for which there shall be no deduction from wages.   
 
 15.  EXEMPTIONS

If, in the opinion of the Division after due investigation, it is found that the enforcement of any provisions in Section 7, Records; Section 11, Meal Periods; Section 12, Rest Periods; or Section 13, Seats, would not materially affect the welfare or comfort of employees and would work an undue hardship on the employer, exemption may be made at the discretion of the Division. Such exemptions shall be in writing to be effective any may be revoked after reasonable notice is given in writing. Application for exemption shall be made by the employer or by the employee and/or the employee’s representative to the Division in writing. A copy of the application is filed with the Division.
 
 Note:  This Wage Order doesn't have an A and B (see Wage Order No. 1).  Meaning, no provision for an hour’s pay, if you aren’t provided a rest period. 
 Question:  Does Labor Code Section 226.7 get ag workers an hour’s pay anyway? I think it does. 
 Also, there is no Section 13 (see Wage Order No. 1). Thus, there is no requirement for a suitable resting facility...

 

15.  Household Occupation

 Same as Wage Order No. 1

16.  Certain On-Site Occupations in the Construction, Drilling, Logging and Mining Industries
 
 11. REST PERIODS
  (A)  Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work period. Nothing in this provision shall prevent an employer from staggering rest periods to avoid interruption in the flow of work and to maintain continuous operations, or from scheduling rest periods to coincide with breaks in the flow of work that occur in the course of the workday. The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time for every four (4) hours worked, or major fraction thereof. Rest periods shall take place at employer designated areas, which may include or be limited to the employees’ immediate work area.
  (B)  Rest periods need not be authorized in limited circumstances when the disruption of continuous operations would jeopardize the product or process of the work. However, the employer shall make up the missed rest period within the same workday or compensate the employee for the missed ten (10) minutes of rest time at his/her regular rate of pay within the same pay period.
  (C)  A rest period need not be authorized for employees whose total daily work time is less than three and one-half (31/ ) hours. Authorized rest period time shall be counted as hours worked for which there shall be no deduction from wages.
  (D)  If an employer fails to provide an employee a rest period in accordance with the applicable provisions of this order, the employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each workday that the rest period is not provided. In cases where a valid collective bargaining agreement provides final and binding mechanism for resolving disputes regarding enforcement of the rest period provisions, the collective bargaining agreement will prevail.
  (E)  This section shall not apply to any employee covered by a valid collective bargaining agreement if the collective bargaining agreement provides equivalent protection.
 15.  EXEMPTIONS
If, in the opinion of the Division after due investigation, it is found that the enforcement of any provision contained in Section 6, Records; Section 11, Rest Periods; Section 12, Seats; Section 13, Temperature; or Section 14, Elevators, would not materially affect the welfare or comfort of employees and would work an undue hardship on the employer, exemption may be made at the discretion of the Division. Such exemptions shall be in writing to be effective and may be revoked after reasonable notice is given in writing. Application for exemption shall be made by the employer or by the employee and/or the employee’s representative to the Division in writing. A copy of the application shall be posted at the place of employment at the time the application is filed with the Division.
 
Note:   This Wage Order has no requirement for a suitable resting facility. Rest breaks can be taken at “employees’ immediate work area.”
 It also allows that rest periods don't need to be authorized in order to “...avoid interruption in the flow of work and to maintain continuous operations, or from scheduling rest periods to coincide with breaks in the flow of work that occur in the course of the workday.”  - This suggests that for other industries - employer'scan’t interrupt rest break to avoid interruption of work... 
 
“However, the employer shall make up the missed rest period within the same workday or compensate the employee for the missed ten (10) minutes of rest time at his/her regular rate of pay within the same pay period.” - This suggest that this can occur in this industry - but not others.... (bt - see Augustus on this...)
         
17.  Miscellaneous Employees (workers who are not covered by another industry or occupation order)
 
 Note: This Wage Order has no provision for rest periods, no suitable resting facility and no exemptions.
 
 
The California minimum wage - wage order.
 
Note: The Wage Order only concerns minimum wage and has no provisions for rest periods. 
 

Words of Caution

 

There are no guarantees that any lawsuit, wage class action case, and/or PAGA case will be successful and/or whether anyone will recover money, wages and/or penalties. There are any number of reasons why these cases are defeated, aren’t certified and/or are unsuccessful. Every case is different. Every situation is different. Every case has different facts, evidence and defenses.

 

619-304-1000 

 
 
 
 
 
 
 
William Turley
Connect with me
“When I seek out professional advice, I don’t want B.S., I want it straight up. I figure you do also.”

Live Chat