California Court Affirms Rest Break Timing Requirement

A California court recently affirmed that rest breaks in general cannot be combined (Rodriguez v. E.M.E., Inc., B264138 (4/22/16)). Relying on the California Supreme Court’s guidance in Brinker v. Restaurant Corp., the appellate court held that “rest breaks in an eight hour shift should fall on either side of the meal break, absent factors rendering such scheduling impracticable.” There may be unusual or exceptional circumstances that will permit variation from the norm.

In this case, whether the company can show that unusual circumstances exist to justify its practice of combining rest breaks into a single 20 minute break before the meal period cannot be decided on a motion to eliminate the case before trial (known as a motion for summary judgment).

Source: CalChamber  |  2016 © Copyright Payroll Masters

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