California Supreme Court Rules on Rest Period Intent

Los Angeles, CA – After much back and forth concerning the spirit and intent of California labor laws meaning with regards to what is a true rest period and what isn’t, the California Supreme Court has finally spoken.

Is a working break really a rest break under the California labor code?

In the past employers in certain private sector industries such as the security field have been able to count the time spent during an on call and available as needed break as a true rest period.

This wasn’t good enough for the plaintiffs of a class action suit filed by Jennifer Augustus who worked for ABM Security.  Augustus’ suit claims that ABM’s policy violated the California labor code to the tune of $90 million dollars for the class she represented.  Originally the court agreed but reversed itself on appeal by ruling that the law “prohibits only working during a rest break, not remaining available to work.”  Essentially ruling that remaining available to work is not the same as performing work.

Finally, the California Supreme Court disagreed and upheld the original order restoring the $90 million dollar award.

This ruling appears to clear the way for an industry wide flood of class action suits since it seems to be an industry standard to require guards to remain at the ready during their breaks.

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