So asked a class of security guards who sought payment for all on-call time, including time spent on-call over weekend nights in company provided trailers. The company did not pay them for an 8 hour period during which employees could sleep and refresh while on-call unless they were directed to conduct investigations during the on-call period. In Mendiola v. CPS Security Solutions, Inc., No. B240519 (Cal. Ct. App. Jul. 3, 2013), the California Court of Appeal upheld much of the plaintiffs’ on-call claim but reversed part of the trial court’s judgment which would have required the employer to pay the guards for 24 hours of work performed during 24 hour weekend shifts even though they were free to sleep up to 8 hours during such shifts. California law permits employers and employees to agree to exclude up to 8 hours per day for sleep time when employees work 24 hour shifts, and the employees had entered an enforceable on-call agreement to do so. Click here for more information.
