Rest Periods

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On September 30, 2020, Governor Newsom signed Assembly Bill 2479, which extends until January 1, 2026, the exemption from the rest period requirements for specified employees who hold a safety-sensitive position at a petroleum facility and are required to respond to emergencies.  Before the passage of this legislation, the exemption was scheduled to remain…

On September 30, 2020, Governor Newsom signed Assembly Bill 1512 (“AB 1512”), which for the first time allows employers to require their unionized security officers to take on-duty rest breaks.  Historically, employees could agree to take on-duty meal breaks (with certain prerequisites), but the law was silent as to on-duty rest breaks.  In enacting AB…

California employers might receive much-needed clarification on whether and to what extent employees can remain “on call” during rest breaks.  On April 29, 2015, the California Supreme Court granted review of Augustus v. ABM Sec. Services, Inc., Nos. B243788 & B247392 (Cal. Ct. App. Jan. 29, 2015).

Earlier this year, the California Court of Appeal ruled that security guards were provided lawful rest breaks even though the company required the guards to remain “on call” during the rest breaks.  In so holding, the Court of Appeal ruled that remaining on call during rest breaks does not “constitute performing work” under Section 226.7 of the Labor Code and the applicable wage order.  For additional details about the underlying decision, please see our prior blog post.
Continue Reading California Supreme Court to Review On-Call Rest Breaks

Reversing a trial court’s awarding of a $90 million judgment in a class action case for alleged rest period violations under California law, the California Court of Appeal has ruled that a security company had provided its security guards with proper rest periods, even though they were required to remain “on call” during those breaks.…

New law SB 1360 has clarified that recovery periods, like rest periods, are paid time. This is a significant clarification of the law since there was an ambiguity in the past whether recovery periods were to be treated as paid time or unpaid time. Until now, the situation was unclear as recovery periods were mandated by California Occupational Safety and Health (Cal-OSHA) regulations, not the California Labor Code.
Continue Reading Recovery Periods, Like Rest Periods, are Compensable Time