ToRo Law - What are Employee Rest Periods in California 2024

QUESTION: Except for lunch, my employer refuses to provide any rest breaks. Should I be getting breaks under California law?

The Answer is: YES. Beyond lunch breaks, employees also must receive ten-minute rest periods. Here are the rules:

1. No rest period for a shift of 3.5 hours or fewer.

2. “Employees are entitled to 10 minutes rest for shifts from three and one-half to six hours in length . . . .”

3. Employee gets two 10 minute breaks, or twenty minutes, “for shifts of more than six hours up to 10 hours,” and

4. Three ten minute breaks “30 minutes for shifts of more than 10 hours up to 14 hours.”

Brinker Rest. Corp. v. Superior Court, 53 Cal. 4th 1004, 1028-29 (2012).

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Disco Practice Notes

Meet and Confer Strategies In Discovery Litigation 2024

Sometimes you have to compel the opposition's response to discovery. But before you can move to compel, you are required to "meet and confer." If you do the "meet and confer" wrong, your discovery motion will be doomed.

Douglas Robbins

May 13, 2024

Disco Practice Notes

Depositions in Litigation - Instructions Not To Answer the Question 2024

A common area of abuse occurs when attorneys instruct their clients to not answer a deposition question. Instructions to refuse to answer should occur only in response to questions implicating a privilege. All other instructions to not answer questions for relevance, for hearsay, or even for “harassment,” are improper.

Douglas Robbins

May 13, 2024

News

Contractor or Employee? Law Firm Wins Labor Misclassification Argument

The firm is pleased to report that in a hard fought matter spanning eight years, after a trial, and after four years on appeal, the California Court of Appeal ruled in favor of Tong Robbins’ clients, holding, in plain language, “We agree with plaintiffs.”

Douglas Robbins

May 13, 2024

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