But what about rest breaks? In California, employees who work a typical eight-hour shift are entitled to two paid ten minute breaks. The California Supreme Court just clarified that the rest breaks must be duty free and employers cannot require their employees to remain “on-call” during their rest breaks.

In Augustus v. ABM Security Services, Inc. (2016), 2 Cal.5th 257, the plaintiffs were security guards who worked for a security company. The employer required its employees to keep their pagers and radio phones on at all times, including during rest breaks. The employees were also required to remain vigilant and respond to calls when needs arose. The Court held that the employees were entitled to duty-free rest breaks – that employers “must relieve employees of all duties and relinquish control over how employees spend their time.” The Court also held that employers could not require their employees to remain “on-call” during their rest breaks because if an employee is on call, they do not have the freedom to use their rest break for their own purposes.

This is a victory for employees. If you need to use your rest break to make a personal phone call, take a walk, or simply get some fresh air, this new ruling ensures that your ten minute breaks should be uninterrupted and duty-free.

Jean Krasilnikoff

In Brinker, the Court points out that, if an employee works five or more hours in a shift, the employer must do one of three things: (1) afford the employee an off duty meal period; (2) reach a voluntary agreement with an employee on a meal period waiver if one hour or less will end the shift; or (3) obtain written agreement to an on-duty meal period if circumstances permit. If it does none of the three, it is liable for premium pay.

In addition, the Court makes it clear that employers may not skirt their obligations, emphasizing that “an employer may not undermine a formal policy of providing meal breaks by pressuring employees to perform their duties in ways that omit breaks.” The only steps an employer need not take are to “police” breaks and affirmatively ensure that no work is done.

With respect to class certification, the Court has put an abrupt halt to the disturbing trend of trial courts reaching the merits of a case at the class certification stage, before the parties have even had the opportunity to fully flesh out the evidence in a case. It clarified that a court may only look at the legal merits of a case in limited circumstances, and it reaffirmed the appropriateness of class actions in this legal area.

Lastly, the Court clarified the timing requirements for provision of meal periods, namely, that the first meal period be provided after no more than five hours of work and, for those employees who work a shift of ten hours or more, a second meal period be provided after no more than ten hours of work.

In sum, the Court clarified employees’ right to a meal period, protected class actions as a way of vindicating this right, and ensured that employers do not delay meal periods until too late in a shift.

Darin Ranahan May 9, 2012