I am a member of the State Bar of California, the Bar of the U.S. District Court for the Central District of California (San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Bernardino, Riverside Counties), and I have comprehensive knowledge of the California Labor Code. You asked:
If an employee works for 8 hours. But works five hours first and takes a paid ten minute break and then a one hour lunch. and then returns for 3 more hours to complete an 8 hour day - are they entitled to another ten minutes of paid break ( sometimes referred to as a rest period)?
A: In general, employers must provide rest periods of a specified minimum duration (generally 10 minutes of paid rest for every 4 hours worked). For shifts of less than 4 hours, employees are entitled to a 10-minute rest period after 3 1/2 hours. 8 Cal.Code Regs. §§ 11010-11150, ¶12 & § 11160, ¶11.
Based on your stated facts, if the employee receives the required 30-minute meal break after 5 hours of work (Cal. Labor Code § 512), plus an additional consecutive 30-minute meal break, leaving only 3 hours remaining to be worked during the day, then no second rest break is required, because the second shift is less than 3 1/2 hours in duration.
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