In November 2017, the California Labor Commissioner’s office, Division of Labor Standards Enforcement (“DLSE”), published updated guidance on employer provided paid 10-minute rest breaks.  Specifically, the DLSE maintains that employees must be relieved of all duty during rest breaks, and now has taken the position that employees must be permitted to travel off-site during their ten-minute rest breaks. The DLSE also noted, “As a practical matter, however, if an employee is provided a ten minute rest period, the employee can only travel five minutes from a work post before heading back to return in time.”  The DLSE’s guidance further advised that employers are prohibited from requiring employees to monitor pagers or radios during rest breaks.

This decision follows the California Supreme Court’s decision in Augustus v. ABM (2016) 5 Cal.5th 257, which holds that security guards cannot be deemed to be on duty-free rest breaks when they are required to carry pagers and respond to emergencies on an “as needed” basis.  Jackson Lewis’ analysis of that case is available here:  http://www.jacksonlewis.com/publication/employees-rest-breaks-must-be-duty-california-supreme-court-rules

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Photo of Cepideh Roufougar Cepideh Roufougar

Cepideh Roufougar is a principal in the San Francisco, California, office of Jackson Lewis P.C. and the co-leader of the firm’s California Advice and Counsel resource group.

She advises and counsels management in all areas of labor and employment law, with a focus…

Cepideh Roufougar is a principal in the San Francisco, California, office of Jackson Lewis P.C. and the co-leader of the firm’s California Advice and Counsel resource group.

She advises and counsels management in all areas of labor and employment law, with a focus on identifying practical solutions to help ensure compliance with state and federal law. Cepideh positions herself as a strategic partner when providing advice and counsel about litigation avoidance, employee management issues, implementing disciplinary actions, and collective bargaining issues. Her ability to see the big picture clearly and understand her client’s businesses in emotionally charged and highly complex disputes has helped her clients financially and prevented litigation. Her clients rely on her to guide them through both short-term and long-term planning to achieve their unique goals and strategies.

Cepideh is an experienced trainer and presents seminars on a wide range of subjects, including: leave management and reasonable accommodations; preventing discrimination, harassment and retaliation; implementing and sustaining disciplinary actions; conducting defensible workplace investigations; first-line supervisor trainings; performance management/evaluations; and wage and hour issues.

Cepideh has been successful in helping her clients prevail in numerous arbitrations and administrative appeals. She has extensive experience representing employers in labor and employment disputes. Cepideh has defended employers in employment litigation matters, including claims alleging violations of the Public Safety Officers Procedural Bill of Rights Act, FLSA collective actions, and claims of harassment and discrimination. She also conducts complex workplace investigations.

Photo of Susan E. Groff Susan E. Groff

Susan E. Groff is a principal in the Los Angeles office of Jackson Lewis P.C. She is co-leader of the firm’s California Advice and Counsel resource group. The group delivers legal and practical guidance to assist employers in navigating what are frequently multi-disciplinary…

Susan E. Groff is a principal in the Los Angeles office of Jackson Lewis P.C. She is co-leader of the firm’s California Advice and Counsel resource group. The group delivers legal and practical guidance to assist employers in navigating what are frequently multi-disciplinary issues.

Susan counsels management on a host of labor and employment issues, including wage and hour laws, disability and leave management, harassment and discrimination complaints, workplace investigations, reductions in force, litigation avoidance, and discipline and termination questions.

Due to California’s nuanced and numerous disability and leave requirements, Susan dedicates much of her practice to advising employers on federal and California requirements for disability accommodation and protected leaves of absence. Importantly, she partners with employers not only on these technical disability and leave laws, but also on practical solutions in handling the same.

Susan also provides guidance to employers on California’s challenging wage and hour laws. In addition to day to day advice, she assists with employer audits, compensation plan reviews, and policies in this area.