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California Supreme Court Prohibits Employers from Implementing “On-Call” Rest Breaks

By Bryan Hawkins on December 28, 2016
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In Jennifer Augustus v. ABM Security Services, Inc., the California Supreme Court determined that employers are prohibited from implementing “on-call” rest breaks.  This holding led the Supreme Court to reinstate an approximately $90 million judgment against the defendant employer.

The plaintiff in Augustus worked as a security guard for defendant.  Plaintiff’s lawsuit alleged that defendant’s policy of requiring security guards to carry radios during their rest breaks in order to respond to emergencies violated California law requiring employers to provide employees with uninterrupted rest periods.  The superior court ruled in favor of plaintiff and awarded her and the class approximately $90 million in statutory damages, interest, and penalties.

The employer appealed and the Court of Appeal reversed the superior court’s decision.  While the appellate court agreed that the employer did not relieve its employees of all duties during rest periods and required them to remain on-call, it concluded that California law did not require employers to provide off-duty rest periods and that being on-call did not constitute performing work.

The Supreme Court began its discussion by noting that California law does not explicitly prohibit on-call rest periods.  It then reviewed the history of California’s rest and meal period break laws, as well as the purposes of California’s labor laws.  At the conclusion of this discussion, the Supreme Court reversed the Court of Appeal’s decision and reinstated the superior court’s decision and $90 million judgment.  According to the Supreme Court, California law prohibits on-duty and on-call rest periods and mandates that rest periods be off-duty.  The Court also determined that requiring plaintiff to carry a radio in the event of an emergency violated this principle, even though there was no evidence of the extent to which the security guards actually received calls that interrupted their rest breaks.

Augustus confirms the California Supreme Court’s hypersensitivity to the protection of employee rights and makes clear that, to the extent there was ever any question, employers must relieve employees of all work and responsibilities in order to comply with California law.  Almost as important, however, Augustus demonstrates the severe risk that employers face in not remaining vigilant in ensuring that their policies comply with California law, even when that law is not explicitly stated.

Photo of Bryan Hawkins Bryan Hawkins

Bryan Hawkins Bryan Hawkins is a litigator practicing in the firm’s Labor & Employment group with extensive jury and bench-trial experience in representing employers in employment-related litigation in court and before administrative agencies such as the Department of Fair Employment and Housing and…

Bryan Hawkins Bryan Hawkins is a litigator practicing in the firm’s Labor & Employment group with extensive jury and bench-trial experience in representing employers in employment-related litigation in court and before administrative agencies such as the Department of Fair Employment and Housing and the Equal Employment Opportunity Commission. His practice also involves counseling employers on employment-related issues, including handbooks and policies. Bryan also provides counseling on labor issues, such as advising employers on how to effectively respond to union organizing campaigns, negotiate collective bargaining agreements, and manage the employer/union relationship. In addition, Bryan’s practice includes litigating complex commercial disputes in areas such as antitrust, business torts, and real estate.

Click here for Bryan Hawkins’ full bio.

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  • Posted in:
    Employment & Labor
  • Blog:
    World of Employment
  • Organization:
    Stoel Rives LLP
  • Article: View Original Source

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