Can I take my break at my workstation?

I was told I can’t take my break at my workstation…after I’ve been doing it for all these years.

Asked on January 19, 2018 under Employment Labor Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

While it appears that California has a great set of laws on the books for breaks for workers, it does not outwardly appear that it requires the breaks be taken at a specific place.  I think your employer may be worried that by your staying at your work station it may give the appearance that they are requiring you to work through the mandated break, thereby violating the law.  I think that you should contact the state agency that regulates breaks (I will give you a link) and ask, perhaps, if you could stay at your station and possibly put up a sign of some sort that identifies when you are taking your break or at lunch, so that there can be no confusion.  Good luck.
https://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm


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