Legal Question in Administrative Law in California

Bathroom Breaks

What is the law regarding bathroom breaks. I work as a Receptionist and need someone to answer the phones when I use the bathroom.


Asked on 2/05/09, 9:41 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Bathroom Breaks

Break requirements vary from industry to industry, but a minimum 10-minute rest break every four hours is typical. Check with the California Labor Commissioner's Industrial Welfare office in your city to get particulars on how this is applied in your business, industry or occupation. I would say if you work from 8 to 5 with an hour off for lunch, in most industries you'd be entitled to 10 minutes mid-morning and 10 minutes mid-afternoon. The employer can choose to leave the reception area unattended, or have someone cover for you, but it can't (with rare exceptions) tell you you can't take potty breaks. Even airline pilots get breaks.

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Answered on 2/07/09, 5:47 pm


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