California Supreme Court rules for employees
California workers can no longer be on-call during short rest periods at work. The legality of on-call rest periods has been a hot topic since the state Supreme Court made a ruling in December that prohibited “on-duty and on-call” rest periods. This ruling came after security guards for ABM Security Systems Inc. filed a lawsuit claiming they had to keep their radios and pagers on and respond to needs while on their breaks. The employees argued they couldn’t take walks far from their building, make important and uninterrupted phone calls, or handle personal matters during their rest time because they needed to be available when needed.
While the security company argued that they didn’t view being on-call as “working”, approximately 14,000 security guards won the case and were awarded a $90 million settlement.
This doesn’t mean employers don’t have some flexibility. Modified rest periods and occasionally re-scheduling a rest period is still permissible, but should not be the norm. “The Court noted that its ruling does not prevent employers from being able to reasonably reschedule a rest period when the need arises — although such circumstances should be “the exception rather than the rule.” Moreover, if a rest period is interrupted, an employer can provide another rest period to replace the interrupted one or pay the premium pay for the missed rest break.” – http://hrwatchdog.calchamber.com
This new ruling opens the door to more employees taking ownership of their rest periods. Businesses need to be vigilant and continue to follow this case in order to ensure compliance and avoid unwanted lawsuits.
If you are an employer with questions about on-call rest periods or an employee who believes they are not getting the time off and breaks required by law, contact our experienced workers compensation lawyers at Eason & Tambornini, ALC. We are following this case and will keep you informed on the latest rulings and laws.
