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Thread: 10 minute break, cannot leave premises? California

  1. #1
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    Default 10 minute break, cannot leave premises? California

    We were informed that we may only take a 10 minute break after working 4 consecutive hours, and that we are not allowed to leave the premises.

    I was under the impression it was a 10 minute break for each 4 hours worked, but i hadn't been aware that this could not happen prior to the completion of the 4 hours.

    Is leaving the office to get coffee, move my car to avoid parking tickets etc allowed during these 10 minute breaks?

  2. #2
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    Your 10 minute break is for each four hours worked and should be towards the middle of the four hours.

    See http://www.dol.gov/esa/programs/whd/...htm#California

    Your employer is not required, so far as I know, to allow you to leave the premises during these paid breaks.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

  3. #3
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    I have been a retail manager for the past 3 years in CA, and I was specifically told by upper management that I can not force my employees to stay @ the store during their 10 minute breaks. That's about all I can tell you. I was never given any other information other then that.

  4. #4
    Super Moderator
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    "Since employees are paid for their rest periods, they can be required to remain on the employer’s premises during such periods."

    http://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

  5. #5
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    If your company chooses to allow employees to leave the premises on their ten minute breaks that's fine. However, the state has specifically stated that the employer MAY require employees to remain on premises.

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