Court Rules That Employers Cannot Require Their Employees to Remain On-Call During Rest Breaks

In 2012, the Supreme Court gave employers and employees alike clear rules about meal and rest breaks in California. The Court held that employers were required to provide employees with a full, thirty minute, uninterrupted meal period if an employee works five or more hours in a shift. In the alternative, employees may agree – in writing – to waive their meal period. If the employer does not abide by those rules, it is liable to the employees for premium pay. The Court also warned employers that they were not allowed to pressure employees into working through their meal break.

But what about rest breaks? In California, employees who work a typical eight-hour shift are entitled to two paid ten minute breaks. The California Supreme Court just clarified that the rest breaks must be duty free and employers cannot require their employees to remain “on-call” during their rest breaks.

In Augustus v. ABM Security Services, Inc. (2016), 2 Cal.5th 257, the plaintiffs were security guards who worked for a security company. The employer required its employees to keep their pagers and radio phones on at all times, including during rest breaks. The employees were also required to remain vigilant and respond to calls when needs arose. The Court held that the employees were entitled to duty-free rest breaks – that employers “must relieve employees of all duties and relinquish control over how employees spend their time.” The Court also held that employers could not require their employees to remain “on-call” during their rest breaks because if an employee is on call, they do not have the freedom to use their rest break for their own purposes.

This is a victory for employees. If you need to use your rest break to make a personal phone call, take a walk, or simply get some fresh air, this new ruling ensures that your ten minute breaks should be uninterrupted and duty-free.

Jean Krasilnikoff