Can I have my employees combine their two rest breaks into a single 20-minute rest break?

HRCalifornia

Unfortunately in most circumstances, you cannot require your employees to combine their rest breaks. The California Supreme Court in Brinker Restaurant Corp. v. Superior Court (53 Cal.4th 1004 (2012)) ruled that “rest breaks in an eight-hour shift should fall on either side of the meal break.”

In a more recent California appellate court case, the court in Rodriguez v. E.M.E. Inc. (246 Cal. App 4th 1027 (2016)) expanded on the Brinker ruling and provided guidance on limited circumstances in which an employer might be able to combine rest breaks.

The court stated that an employer must meet two requirements to combine rest breaks:

HRCalifornia Resources

All resources require membership. For full access to every form, checklist and tool on HRCalifornia — plus the HRCalifornia Helpline for live expert support — become a member.

Already a member? Log in.

Schedule a Demo

CalChamber is committed to protecting and respecting your privacy, and we’ll only use your personal information to administer your account and to provide the products and services you requested from us. From time to time, we would like to contact you about our products and services, as well as other content that may be of interest to you. If you consent to us contacting you for this purpose, please tick below to say how you would like us to contact you:

You may unsubscribe from these communications at any time. For more information on how to unsubscribe, our privacy practices, and how we are committed to protecting and respecting your privacy, please review our Privacy Policy.

By clicking Schedule my demo below, you consent to allow calchamber.com to store and process the personal information submitted above to provide you the content requested.

Website Feedback