Q&A: Can I have my employees combine their two rest breaks into a single 20-minute rest break?

Unfortunately in most circumstances, you cannot require your employees to combine their rest breaks. The California Supreme Court in Brinker Restaurant Corp. v. Superior Court (53 Cal.4th 1004 (2012)) ruled that “rest breaks in an eight-hour shift should fall on either side of the meal break.”

In a more recent California appellate court case, the court in Rodriguez v. E.M.E. Inc. (246 Cal. App 4th 1027 (2016)) expanded on the Brinker ruling and provided guidance on limited circumstances in which an employer might be able to combine rest breaks.

The court stated that an employer must meet two requirements to combine rest breaks:

Scheduling the rest breaks at a time other than the middle of each 4-hour work period must not unduly affect employee welfare; and
The employer must show that the altered schedule would alleviate a material burden that would otherwise fall on the company.

Before attempting to require your employees to combine their rest breaks, employers should consult legal counsel to determine if they can meet the requirements outlined in the Rodriguez case.

Read more about Meal and Rest Breaks in the HR Library.

Can I have my employees combine their two rest breaks into a single 20-minute rest break?

Q&As