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what is a rest period? California

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  • what is a rest period? California

    I understand that it is payed and you don't have to be able to leave the premises. I understand that it can't be a bathroom break and you need to be able to have a place to sit down that isn't the restroom. I understand that for every 8 hour shift you get to take a break within the first four hours and it should be in the middle of the four hour period. ETC..What I don't get is whether or not I need to be relieved of my duties. I can sit down but I am responsible for watching over a client. My break is not duty free. Does this make a difference?

  • #2
    Yes, it does, that is not a bona fide rest break.

    However, what type of work do you do in what type of business? There are some exceptions in the industry-specific wage orders.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      hi

      care giving type work. (Not a 24 hour facility.)

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      • #4
        OK, then, that is where I was going with my question.

        You can file a complaint with the DLSE that the employer is not providing duty-free rest breaks.
        http://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          thanks

          I already filed with them and had a conference. At the conference my boss said I had plenty of time to take my break. I was very frustrated because no one get's breaks at my work, but I seem to be the exception because my client is capable of sitting in one spot and not running out into the street every 5 minutes. The commissioner asked if I was able to get up and look at something on the wall or remove myself from my client and I was confused because I wouldn't necessarily consider this as a break because any time my client needed me I had to come running plus I was taking down notes every 5 minutes because this is my job. where does it say the 10 minute is duty free?
          Last edited by knowitall; 08-24-2010, 06:22 PM. Reason: adding more info

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          • #6
            It doesn't specifically, but it is a matter of opinion, context and extent. If you've already had the conference, us guessing about what they will or should decide is an exercise in futility.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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