On-call Breaks Are Not Breaks Under California Law

Many industries struggle with California Labor Law.  The Legislature has enacted a large amount of legislation and many employers do not keep abreast of new laws, and many fail to implement policies to remain compliant.  One such recent development comes from the California Supreme Court.  In a 2016 case, (Augustus v. ABM Security Services, Inc., 2 Cal.5th 257)  the high court ruled that “on call” rest breaks do no satisfy an employer’s obligation to provide uninterrupted free time when security guards are on break.  Because the guards were required to respond to radio calls and remain vigilant during their rest breaks, it was found that they did not receive the required breaks.  Courts continue to attempt to define what is, and what is not, a rest break in California, but the Augustus case has dealt a serious blow to any employer who maintains any type of control over their employees while they are on break.

If you have a question about your potential employment matter, call the office of George Bean Law at 714-904-9338.