Augustus v. ABM Security Services, Inc.

Since an employer may not legally require an employee to be on-duty or on-call during a rest break, defendant could not require its security guards to keep their radios on during their rest breaks and respond to an emergency call if one occurred during the rest break.  An employer violated IWC wage orders or Lab. Code § 226.7, requiring 10-minute rest breaks, by requiring its security guard employees to keep their pagers or radios on during the rest break and to respond to an emergency call if one occurred during the rest break.  The employer may not legally require the employee to be on-duty or on-call during a rest break.  During a rest break, an employee must be relieved from all work-related duties and free from employer control.

California Supreme Court (Cuéllar, J.; Kruger & Corrigan, JJ., concurring in part & dissenting in part); December 22, 2016; 385 P.3d 823

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