The Answer is: YES. Beyond lunch breaks, employees also must receive ten-minute rest periods. Here are the rules:
1. No rest period for a shift of 3.5 hours or fewer.
2. “Employees are entitled to 10 minutes rest for shifts from three and one-half to six hours in length . . . .”
3. Employee gets two 10 minute breaks, or twenty minutes, “for shifts of more than six hours up to 10 hours,” and
4. Three ten minute breaks “30 minutes for shifts of more than 10 hours up to 14 hours.”
Brinker Rest. Corp. v. Superior Court, 53 Cal. 4th 1004, 1028-29 (2012).
Sometimes you have to compel the opposition's response to discovery. But before you can move to compel, you are required to "meet and confer." If you do the "meet and confer" wrong, your discovery motion will be doomed.
A common area of abuse occurs when attorneys instruct their clients to not answer a deposition question. Instructions to refuse to answer should occur only in response to questions implicating a privilege. All other instructions to not answer questions for relevance, for hearsay, or even for “harassment,” are improper.
The firm is pleased to report that in a hard fought matter spanning eight years, after a trial, and after four years on appeal, the California Court of Appeal ruled in favor of Tong Robbins’ clients, holding, in plain language, “We agree with plaintiffs.”
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