Can My Employer Require That I Stay on the Work Premises During My Rest Period?

No, under California law, employers are required to provide their employees with rest breaks, during which the employees must be relieved of all duties and free to leave the company premises if they so choose. This means that employers cannot require employees to remain on company premises during rest breaks. 

Additionally, employers must provide employees with a suitable area for rest breaks that is separate from the work area. One example of a case that has addressed this issue is Augustus v. ABM Security Services, Inc. (2016) 2 Cal.5th 257. 

In this case, the California Supreme Court held that employers must relieve their employees of all duties during rest breaks and that employees must be able to use the rest breaks for their own purposes, which includes the ability to leave the employer’s premises if they wish to do so. The court stated that “an employer may not impede or discourage an employee from taking a rest period by making the period inconvenient or by coercing the employee to work during it.” 

This means that employers cannot require employees to remain on company premises during rest breaks as it would make the break period inconvenient, and it would discourage the employee from taking a break. 

Another case that has addressed this issue is Mendiola v. CPS Security Solutions, Inc. (2015) 60 Cal.4th 833. In this case, the California Supreme Court held that employers are required to provide employees with a suitable area for rest breaks that is separate from the work area. In other words, all California employers must provide an area where employees can take their rest breaks that is not in their work area. Additionally, this area should be free of work-related duties and free of any pressure to work during the break. 

Both above case law establish that California employers have an obligation to provide their employees with rest breaks during which the employees must be relieved of all duties and free to leave the company premises if they so choose. If you have been illegally denied your rights to leave company premises during meal or rest breaks, you should contact an employment lawyer to investigate your case. Bokhour Law has committed employee rights attorneys who are ready to help you.