California Prohibits Mandatory On-Call Breaks During Work Shifts
In a landmark decision made in 2011, the California Supreme Court ruled in the case Augustus v. ABM Security Services, Inc., providing much-needed guidance on employee rest breaks and overtime exemptions under California law. This ruling has significant implications for employers in the state, setting clear expectations for the provision of rest breaks and the level of control employers can exercise during these breaks.
The Augustus case established that California employers must provide paid, uninterrupted rest breaks where employees are fully relieved of duties and control. This includes the freedom to leave the workplace during these breaks if they wish. Employers cannot impose restrictions that effectively prevent employees from benefiting from their rest breaks. Rest breaks should, to the extent feasible, be taken near the middle of the work period for which they are provided.
The case involved a class of over 14,000 security guards who sued their employer for requiring them to keep their pagers and walkie talkies on during rest breaks. The lawsuit, filed in federal court in San Francisco in 2014, resulted in an award of almost $90 million in statutory damages, interest, and penalties.
The Harris v. The Superior Court of Los Angeles County case, decided on December 29, 2011, did not involve McDonald's and was made in the context of California state law. The Court stated that during rest periods, employers must relieve employees of all duties and relinquish control over how employees spend their time. This premium pay is mandated under Labor Code section 226.7 and the Wage Order. When the needs of the business require an employee to work during a rest break, employers may either provide employees with another rest period to replace one that was interrupted, or pay the premium pay of one hour at the employee's regular rate.
In a separate ruling in 2016, the California Supreme Court further clarified that on-duty and on-call rest breaks violate state law. The California Overtime Exemption for Computer Software Employees is another key aspect of California labor laws.
It's important to note that while the Fair Labor Standards Act (FLSA) is a federal law governing overtime exemptions, California state law provides more stringent protections for employees. Employers in California must remain vigilant in ensuring compliance with these rules to avoid costly lawsuits and maintain a positive work environment for their employees.
The Augustus case, Card of many significant decisions on employee rest breaks and overtime exemptions under California law, established that California employers must provide paid, uninterrupted rest breaks where employees are relieved of duties and have control, including the freedom to leave the workplace during these breaks, without employer-imposed restrictions. Businesses, such as ABM Security Services, must comply with these finance-related requirements to maintain compliance with California labor laws and avoid costly lawsuits.
