The California Supreme Court says: STATE LAW PROHIBITS ON-DUTY AND ON-CALL REST PERIODS

On December 22, 2016, the California Supreme Court in AUGUSTUS v. ABM SECURITY SERVICES, INC., dealt another severe blow to employers in rest period cases:

“What we conclude is that state law prohibits on-duty and on-call rest periods. During required rest periods, employers must relieve their employees of all duties and relinquish any control over how employees spend their break time. (See Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 1038-1039 (Brinker).)”

Slip op. 1

Time permitting, I will write more on the opinion at a later date.