Legal Question in Employment Law in California

Regarding California Rest Periods

I've been researching rest breaks for the state of California to see if my employer was following whatever law may be in place. Many websites claim that, in California, a 10-minute rest break is required for every four hours worked except for exempt employees.

My questions are:

1. What employees are exempt? I work in a retail store, am I exempt or am I permitted a rest break?

2. If I'm working an 8-hour shift and receive a lunch four and a half hours in, does that replace my rest break?


Asked on 7/20/07, 4:06 am

1 Answer from Attorneys
Scott Linden Scott H. Linden, Esq.

Re: Regarding California Rest Periods

Exempt employees are those who are executives, professionals and those who require extra skill and training to perform their job. Usually, but not always, these are the salaried employees.

If you are a sales-person at a retail sales establishment, then it is highly unlikely that you are in this exempt category.

The 1/2 hour lunch is in addition to the 10 minute break. Without checking, I am uncertain, but I believe an 8 hour day requires 2 10 min breaks and a 1/2 hour lunch period. Again, without pulling out my Labor and Employment Code Book, I mam not certain, but I do seem to recall that was the rule when I was an HR Director.

Please feel free to contact me at the number and/or email provided by LawGuru. Additionally, you can learn a little more about our firm as well as some very useful information regarding employment laws on our firm's website, RulesOfEmployment.com.

Scott

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Answered on 7/20/07, 5:30 pm


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