Labor/Employment
Jan. 12, 2017
Rest break debate isn't over just yet
In what many consider to be a stunning reversal of a 2014 decision, the California Supreme Court ruled that employers may not require their employees to remain "on duty" or "on call" during rest breaks.
Eve H. Wagner
Founding Partner
Sauer & Wagner LLP
labor & employment, litigation, intellectual property
1801 Century Park E #1150
Los Angeles , CA 90067-2331
Phone: (310) 712-8100
Fax: (310) 712-8108
Email: ewagner@swattys.com
USC Law School
Eve has represented both employers and employees in a wide variety of matters including sexual harassment, discrimination, retaliation, wrongful termination and wage and hour, including class actions.
In what many consider to be a stunning reversal of a 2014 Court of Appeal decision, the California Supreme Court ruled on Dec. 22 that employers may not require their employees to remain "on duty" or "on call" during rest breaks.
In Augustus v. ABM Security Services, Inc., 2016 DJDAR 12608, the plaintiffs were security guards who were required to keep their pagers and radio phones on during rest breaks and to remain vigilant and responsive to calls whenever the need arose. ...
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