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Can an employer in California in the USA require that his employee stay on the work premises during their rest period?



Answer: In California in the USA, an employer cannot impose any restraints not inherent in the rest period requirement itself. In Augustus v. ABM Security Services, Inc., (2016) 5 Cal.5th 257, 269, the California Supreme Court held that the rest period requirement "obligates employers to permit-and authorizes employees to take-off-duty rest periods. That is, during rest periods employers must relieve employees of all duties and relinquish control over how employees spend their time." As a practical matter, however, if an employee is provided a ten-minute rest period, the employee can only travel five minutes from a work post before heading back to return in time.

Additionally, California Wage Orders stipulate a "net" 10-minute duration for rest breaks. According to the Division of Labor Standards Enforcement, the rest period commences when the employee reaches an area away from the workstation suitable for rest. Therefore, if the rest area is distant from the workstation, the required rest break time may exceed 10 minutes.

However, it's crucial to note that employees are still subject to disciplinary action if they fail to return from a break promptly. Employers must ensure consistent enforcement of policies in such instances.

Furthermore, it's advisable to review specific Wage Orders, as some may have unique requirements. For example, Wage Order 5 permits employers to mandate on-premises rest breaks.

In conclusion, this clarification underscores the importance of upholding employees' rights to autonomy during rest breaks. Employers must adhere to these regulations to foster a fair and respectful workplace environment.

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