On-Call Rest Break Claim Appeal Granted

Did employee received compliant rest break while they were on-call?

In January I posted an article about Augustus v. ABM Securities.  In that case, the appellate court held that employees were provided a compliant rest break even though the employees were technically “on-call” and had to carry pagers and/or radios during their breaks.  Well, the California Supreme Court granted review in the case.  Therefore, employers are cautioned that relying on ABM Securities as binding authority may be risky until the Supreme Court decides the case.

The Supreme Court’s decision will take several months at the least.  We’ll keep track of the case and post a new article once the Supreme Court issues its decision.  In the meantime, you should review your rest and meal break policies to ensure they comply with the law.