Labor Commissioner Issues New Guidance On Breaks

The California Labor Commissioner recently issued a Frequently Asked Questions (FAQ) memo regarding breaks and lactation accommodation. The FAQ memo contains no new concepts, but emphasizes the following longstanding principles:

• California employers must authorize and permit a net 10-minute paid rest period for every four hours worked (or major fraction thereof). To the extent practicable, the rest period should be in the middle of the work period. An employee is entitled to one hour of pay at the employee's regular rate for each workday that a rest period is not provided;
• A "net" of 10 minutes means that the rest period begins when the employee reaches an area away from the work area that is appropriate for rest;