Right to Rest

What Is Right to Rest?

Right to rest refers to employment laws that require employers to provide a minimum number of hours between the end of one work shift and the beginning of the next. These provisions ensure workers have adequate time for sleep, personal activities, and recovery before returning to work.

In California, right to rest protections exist in local fair workweek ordinances in cities like San Francisco, Los Angeles, and Emeryville. These laws typically require 10-11 hours between shifts and are specifically designed to address clopening shifts, where employees close a business late at night and open it early the next morning.

Why Right to Rest Matters

Health and Safety Impacts

Insufficient rest between shifts causes measurable harm:

Impact	Research Findings
Sleep deprivation	Workers averaging less than 6 hours sleep have impaired judgment
Accident risk	Fatigue increases workplace accident rates by 70%
Chronic health issues	Short rest linked to heart disease, obesity, depression
Cognitive impairment	Tired workers perform like legally impaired individuals
Immune function	Lack of sleep weakens immune response

Productivity Effects

Fatigued workers demonstrate:

• Slower reaction times
• More errors and mistakes
• Reduced customer service quality
• Lower problem-solving ability
• Increased conflict with coworkers
• Higher absenteeism

Quality of Life

Workers without adequate rest between shifts struggle to:

• Spend time with family
• Handle personal responsibilities
• Maintain physical fitness
• Pursue education or training
• Recover from physical labor
• Manage stress effectively

California Right to Rest Requirements

San Francisco

The Formula Retail Employee Rights Ordinances include:

Provision	Details
Minimum rest period	11 hours between shifts
Application	Shifts on consecutive calendar days
Waiver allowed	Yes, with written employee consent
Premium for violation	Time and a half for affected shift
Documentation	Must maintain records of waivers

Los Angeles

The Fair Work Week Ordinance specifies:

Provision	Details
Minimum rest period	10 hours between shifts
Consent requirement	Written consent for shorter rest
Premium pay	Time and a half if rest violated without consent
Waiver documentation	Must be documented and retained
Applies to	Covered retail employees

Emeryville

The Fair Workweek Ordinance provides:

Provision	Details
Minimum rest period	11 hours between shifts
Employee right	May decline shifts that violate rest
No retaliation	Cannot discipline for refusing short-rest shifts
Premium pay	Required for violations
Applies to	Retail and fast food workers

How Right to Rest Works

Calculating Rest Periods

The rest period is calculated from shift end to shift start:

Example: Compliant Schedule

• Shift 1 ends: 10:00 PM Tuesday
• Required rest: 11 hours
• Earliest Shift 2 start: 9:00 AM Wednesday
• Actual Shift 2 start: 11:00 AM Wednesday
• Result: Compliant (13 hours of rest)

Example: Non-Compliant Schedule

• Shift 1 ends: 11:00 PM Tuesday
• Required rest: 11 hours
• Earliest Shift 2 start: 10:00 AM Wednesday
• Actual Shift 2 start: 7:00 AM Wednesday
• Result: Violation (only 8 hours of rest)

What Counts as Shift End and Start

Shift end time:

• When employee is released from all duties
• After any required post-shift activities (cleaning, closing procedures)
• Not when scheduled shift ends if employee works later

Shift start time:

• When employee is required to be present
• Including any pre-shift meetings or preparation
• Not when active work begins if earlier reporting required

Consecutive Days Requirement

Most right to rest laws apply to shifts on consecutive calendar days:

• Tuesday evening to Wednesday morning: Covered
• Friday evening to Saturday morning: Covered
• Sunday evening to Tuesday morning (Monday off): May not be covered

Check specific ordinance language for exact application.

Employee Consent to Shorter Rest

Valid Consent Requirements

Employees may waive right to rest protections if:

1. Consent is in writing: Verbal agreements insufficient
2. Consent is voluntary: No coercion, threats, or pressure
3. Consent is specific: Identifies the specific shifts involved
4. Documentation maintained: Employer keeps records

Ongoing vs. Per-Instance Consent

Consent Type	Description	Best Practice
Per-instance	Separate consent for each violation	Most protective for employees
Ongoing	Standing consent for short rest periods	Must be revocable at any time
Blanket	General waiver of all rest rights	May not be valid; check ordinance

Invalid Consent Scenarios

Consent is not valid when:

• Given as condition of employment
• Part of mandatory job application
• Obtained through threats or intimidation
• Employee is not informed of rights
• Employee is pressured to sign
• No reasonable alternative offered

Premium Pay for Rest Violations

Calculating Premium Pay

When rest periods are shortened without valid consent:

Standard formula:

• Regular rate x 1.5 = Premium rate
• Premium rate applies to entire second shift
• Cannot be waived after the fact

Example calculation:

• Employee rate: $18/hour
• Second shift hours: 6 hours
• Premium rate: $27/hour
• Premium pay owed: 6 x $27 = $162

Compared to:

• Regular pay for shift: 6 x $18 = $108
• Additional premium: $54

Multiple Violations in a Week

Each violation is treated separately:

Violation	Premium Owed
Tuesday to Wednesday	1.5x for Wednesday shift
Thursday to Friday	1.5x for Friday shift
Friday to Saturday	1.5x for Saturday shift

Premium pay obligations accumulate.

The Clopening Problem

What Is Clopening?

Clopening occurs when an employee works a closing shift followed by an opening shift:

• Closing shift: Typically ends 10 PM - 2 AM
• Opening shift: Typically starts 5 AM - 8 AM
• Result: 3-8 hours between shifts

Why Clopening Happens

Employers schedule clopening shifts due to:

• Limited staff availability
• Desire for consistency (same person closes and opens)
• Cost savings (fewer total employees)
• Last-minute coverage needs
• Poor advance planning

Impact on Workers

Clopening shifts cause:

Impact	Consequence
Sleep deprivation	4-6 hours maximum sleep
Commute time lost	Further reduces rest
Personal time eliminated	Cannot handle responsibilities
Chronic fatigue	Accumulates over time
Health deterioration	Long-term physical effects

Compliance Strategies for Employers

Scheduling Practices

Avoid rest violations through:

1. Forward rotation: Morning shifts before evening shifts
2. Consistent schedules: Same shifts each week
3. Buffer days: Schedule off days between shift types
4. Rest period checks: Automated compliance verification

Scheduling Software Features

Modern scheduling tools can:

• Flag violations before schedule posting
• Suggest alternatives that maintain compliance
• Track consent forms and their expiration
• Calculate premiums when violations occur
• Report patterns to identify systemic issues

Staffing Strategies

Minimize need for short rest periods:

• Cross-train employees for multiple shifts
• Maintain larger pool of trained closers and openers
• Use consistent closing and opening teams
• Build schedule templates that maintain rest
• Hire specifically for opening or closing availability

Documentation Requirements

Records to Maintain

Document	Retention Period	Purpose
Shift schedules	3-4 years	Prove rest periods provided
Time records	3-4 years	Verify actual shift times
Consent forms	Duration of employment + 3-4 years	Prove valid waiver
Premium pay records	3-4 years	Document compliance payments

Consent Form Best Practices

Include in consent documentation:

• Employee name and ID
• Specific shifts covered
• Rest period that will be shortened
• Statement that consent is voluntary
• Notice that consent can be revoked
• Employee signature and date
• Manager/witness signature

Sample consent language:

I voluntarily consent to work shifts with less than [11 hours] rest
between them on the following dates: [specific dates].

I understand that:
- I have the right to refuse these shifts
- I will not be retaliated against for refusing
- I can revoke this consent at any time
- I am entitled to premium pay if I do not consent

Employee signature: _________________ Date: _________

Enforcement and Penalties

Administrative Enforcement

City agencies enforce right to rest provisions:

City	Enforcing Agency	Penalty Range
San Francisco	Office of Labor Standards Enforcement	Up to $500/violation
Los Angeles	Office of Wage Standards	Up to $500/violation
Emeryville	City staff	Up to $1,000/violation

Private Right of Action

Employees can sue employers for:

• Unpaid premium pay
• Actual damages from violations
• Statutory penalties
• Attorney's fees and costs
• Injunctive relief

Retaliation Claims

Employees who experience retaliation for:

• Declining short-rest shifts
• Reporting violations
• Filing complaints
• Participating in investigations

May have additional claims for:

• Back pay
• Reinstatement
• Compensatory damages
• Punitive damages

Industry-Specific Considerations

Retail

Challenge	Solution
Closing procedures extend shift	Build buffer into schedule
Opening prep starts early	Schedule appropriate start time
Coverage gaps	Cross-train multiple employees
High turnover	Include rest info in onboarding

Restaurants and Food Service

Challenge	Solution
Late-night service hours	Dedicated closing crew
Early morning prep	Dedicated opening crew
Variable closing times	Conservative shift end estimates
Tipped employee preferences	Communicate rest requirements clearly

Hospitality

Challenge	Solution
24-hour operations	Shift rotation planning
Event-driven staffing	Advance event planning
Guest needs extend shifts	On-call backup staffing
Multiple roles per employee	Role-specific scheduling

Healthcare

Challenge	Solution
Patient emergencies	Relief staff protocols
Overnight shifts	Forward rotation schedules
On-call requirements	On-call policy review
Critical coverage needs	Adequate staffing levels

Right to Rest Beyond California

Other Jurisdictions

Jurisdiction	Rest Requirement
Oregon	10 hours between shifts
Seattle	10 hours between shifts
New York City	11 hours (fast food)
Chicago	10 hours between shifts
Philadelphia	9 hours between shifts

International Standards

Region	Typical Requirement
European Union	11 hours per 24-hour period
United Kingdom	11 hours rest minimum
Australia	Varies by award/agreement
Canada	Varies by province

California's local ordinances align with international norms that recognize adequate rest as a fundamental worker protection.

Building a Rest-Positive Culture

Leadership Commitment

Employers can demonstrate commitment to rest by:

1. Public policy: Stated commitment to adequate rest
2. Manager training: Rest requirements in scheduling training
3. Metric tracking: Monitor rest period compliance
4. Accountability: Include rest compliance in manager evaluations
5. Communication: Explain why rest matters

Employee Communication

Help employees understand:

• Their right to adequate rest
• How to request scheduling changes
• Process for providing or withdrawing consent
• How to report concerns
• Protection against retaliation

Continuous Improvement

Regularly assess rest period practices:

• Audit schedules for compliance
• Survey employees about fatigue
• Track safety incidents
• Review turnover patterns
• Identify problem areas