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Patrick, Esq.
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Ctlawyer, if an employer provides paid breaks can they

Customer Question

ctlawyer, if an employer provides paid breaks can they require employees to clock out for bathroom breaks in CA?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Federal law provides that any break less than 20 minutes be paid. As federal law applies in all states, including CA, this means that any bathroom break less than 20 minutes will need to be paid.

Although bathroom breaks must be paid under federal law, the law does permit employers to "reasonably limit" an employee's use of the bathroom. So, if an employee has a habit of going frequently, an employer can curtail that to what's "reasonable" (likely once or twice a shift). The only exception would be if the employee is going to the bathroom frequently because of a medical disability. In that case, the employer would be obligated to "reasonably accommodate" the employee's disability, which would mean allowing the employee to go to the bathroom as frequently as they required, provided that such bathroom visits do not impose "undue hardship" on the company.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

Expert:  Patrick, Esq. replied 1 year ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.