Hi there,

I just read that in CA an employer can require that employees stay on the premises during their rest period. So my question is:

If an employer does allow an employee to leave the premises, can they then dictate whether you can drive or not?

I find it ironic that our company allows you to walk to the bank during your break (it's across the street and up the block), but you are not allowed to drive. The reason given was the company would be liable. Well aren't they liable if you're walking and get hit by a car? or trip on a curb?

Thanks for the help!

bandjo

They would be liable to the other party if you got into a car accident and it was your fault. Your own injuries would be covered by Worker's Compensation, whether from tripping on the sidewalk or getting into a car accident, so they wouldn't be as expensive. You aren't very likely to hurt anyone else on foot.

Wow you're fast! :)

Thank you Megan. I hadn't considered the risk for the other party.

So - it is completely acceptable that they tell an employee: Feel free to walk on your break, but the company cannot allow you to drive.

I just wanted to be sure on that.

Thanks again.

...bandjo

I don't see a problem with that.

If nothing else, keep in mind that rest breaks are only ten minutes- realistically, just getting in your car and going somewhere, parking, and then getting back in your car and going back is likely to be more than ten minutes.

My understanding is that the employeer still has "full control" over you while you are on a rest break.

The only time the employeer does not have control is on unpaid meal breaks.