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At work, if I use the toilet during my work period, does that count as my 10-minute rest period?

No. In California, going to the bathroom during your work period is not considered part of your rest period. That is part of the reason why resting areas at work have to be “separate from toilet rooms.” Under California law, rest periods are not to be confused with taking toilet room breaks. However, employers can reasonably limit the amount of time you may be away from your work area and you may not lengthen your rest period to use the toilet facilities. Essentially, in California, your toilet room breaks may not be considered as rest periods. If your employer insists that your toilet room breaks are part of your 10-minute rest periods, then he is violating CA law and you may file a rest period wage claim in California.


While at work, Jane goes to the toilet room around 10:00am. At 11:10am she takes her 10-minute rest period. Her toilet room break does not count as her rest period. Jane’s employer must allow her to take toilet room breaks in addition to her rest period. If Jane’s employer does not allow her to take toilet room breaks in addition to toilet room breaks, than Jane could file a rest period wage claim in California. Jane cannot extend her 10-minute rest periods by going taking toilet room breaks in addition. Toilet room breaks are considered separate from rest periods and may not be counted as rest periods. If Jane’s employer insists that toilet breaks are equivalent to rest periods, then Jane may want to file a rest period wage claim> in California.

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


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