Right to Rest Breaks
All domestic workers except personal attendants have the right to:
- One 10-minute rest break for shifts from 3.5 to 6 hours in length
- Two 10-minute rest breaks for shifts of more than 6 hours and up to 10 hours
- Three 10-minute rest breaks for shifts of more than 10 hours and up to 14 hours
- Authorized rest periods are counted as hours worked and must be paid.
- On-call or on-duty rest breaks are not permitted. You must be relieved of all duties during the rest period.
- Employer must pay one additional hour of pay at the employee’s regular rate of pay for each work day that there is a rest break violation.
Right to Meal Breaks
All domestic worker except personal attendants have the right to:
- One 30-minute unpaid meal break for work periods more than 5 hours; a second meal period of 30 minutes if the work period is more than 10 hours in a day.
- An employee may agree in writing to take an on-duty meal period only when the nature of the work prevents the employee from being relieved of all duties. The employee can revoke the agreement anytime. The on-duty meal period must be paid.
- An employee who works only 6 hours per day or less can waive the meal period.
- If an employee’s total work time is no more than 12 hours per day, the second meal break may be waived as long as the first meal period was not waived.
- Employer must pay one additional hour of pay at the employee’s regular rate of pay for each work day in which the employee is denied their right to meal breaks.