With respect to the taking of rest periods, an exception exists under IWC Order 5-2001, Section 12(C) for certain employees of 24-hour residential care facilities who may have their rest period limited under certain circumstances. The rest period is counted as time worked and therefore, the employer must pay for such periods. The Division of Labor Standards Enforcement (DLSE) considers anything more than two hours to be a 'major fraction' of four.' A rest period is not required for employees whose total daily work time is less than three and one-half hours. The rest period is based on the total hours worked daily and must be at the minimum rate of a net ten consecutive minutes for each four hour work period, or major fraction thereof.
In California, the Industrial Welfare Commission Wage Orders require that employers must authorize and permit nonexempt employees to take a rest period that must, insofar as practicable, be taken in the middle of each work period.
