Stay on Premesis During Rest Period

During my rest periods, can my employer make me stay on the work premises?

Yes. Your employer may require you to stay on the work premises while you are on your rest periods. In California, since your rest periods are paid, your employer can make you stay on the work premises. In most situations in California, employers are required to provide resting facilities that are suitable for employees to relax, separated from bathrooms. If your employer allows to have your 10 minute breaks for every 4 hours that you work, and you have an adequate place to take your break, your employer can have you stay on the premises during your break. In this situation, there would be no grounds to file a rest period wage claim in California.


Jane’s employer makes her stay on the company’s premises during her rest periods. Besides the bathrooms, Jane can take her break in the lounge area for employees. Because Jane’s breaks are paid, it is okay for her employer to require her to stay on the premises. In this case, there are no grounds for Jane to file a rest period wage claim in California. As long as Jane gets her rest periods from her employer and her rest periods are paid for, and the resting space is adequate, she can be forced to stay on the work premises. Jane would not have a reason to file a California rest period wage claim.

If you have a question about California rest period law or want to file a rest period wage claim, contact Strauss & Strauss APC now.

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