Tag Archives: Rest Periods/Lactation Accommodation

NEW GUIDANCE: California DLSE Updates Its Position On Rest Periods

The California Department of Labor Standards Enforcement (DLSE) recently published updated guidance materials (Rest Periods/Lactation Accommodation) relating to the 10-minute rest period. 

These new materials re-emphasize the DLSE’s previous position that employees must be relieved of all duty during rest breaks and further clarify that employees must be permitted to travel off-site during their ten-minute rest breaks. However, even with this new position, the DLSE did not that “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.”  In addition to the foregoing, the DLSE’s new materials clarify that employers are prohibited from requiring employees to monitor pagers or radios during rest breaks.

The updated guidance materials align the DLSE’s position on rest periods with the California Supreme Court’s 2016 decision in Augustus v. ABM Security Services, Inc. (discussed in our previous article “Gimme A Break, California – A New Look at California Rest Periods”).