CACI No. 2760

[Name of plaintiff] claims that [name of defendant] owes

[him/her/nonbinary pronoun] pay because [name of defendant] did not

authorize and permit one or more paid rest breaks.

An employee is entitled to a paid 10-minute rest break during every

four-hour work period[. /, or major fraction of four hours.] [However, an

employee is not entitled to a rest break if the total daily work time is less

than three and one-half hours.] This means that over the course of a

workday [name of plaintiff] was due [specify which rest breaks are at issue,

e.g., a paid 10-minute rest break after working longer than three and one-half hours and a second paid 10-minute rest break after working more than

six hours but no more than ten hours]. [Rest breaks must occur, if

practical under the circumstances, in the middle of each four-hour work

period. [Specify any additional timing requirement(s) of the rest breaks at

issue if delay is at issue.]]

An employer must relieve the employee of all work duties and relinquish

control over how the employee spends time during each 10-minute rest

break. This includes not requiring employees to remain on call or on-site

during rest breaks. An employer, however, does not have an obligation to

keep records of employee rest breaks or to ensure that an employee

takes each rest break.

“Workday” means any consecutive 24-hour period beginning at the same

time each calendar day.

[Rest breaks, which are paid, and meal breaks, which are unpaid, have

different requirements. Y ou should consider claims for rest break

violations separately from claims for meal break violations. A rest break

cannot be combined with a meal break or with another 10-minute rest

break. For example, providing an unpaid meal break does not satisfy the

employer’s obligation to authorize and permit a paid 10-minute rest

break.]

New December 2022