In California, taking rest breaks during work hours is now prohibited by law
California Rules Clarified on Employee Rest Breaks: The Augustus v. ABM Security Services, Inc. Case
In a landmark ruling, the California Supreme Court has clarified the rules governing rest breaks for employees in the state. The case, Augustus v. ABM Security Services, Inc., provides valuable insights into the regulations that employers must adhere to.
Non-exempt employees in California are entitled to a 10-minute paid rest break for every four hours (or major fraction) worked. The hours worked and the number of rest breaks required are as follows:
- 3.5 to 6 hours worked: 1 rest break
- 6 to 10 hours worked: 2 rest breaks
- 10+ hours worked: 3 rest breaks, with additional breaks for longer shifts.
These rest breaks must be uninterrupted and duty-free, meaning that employees cannot be required to perform work tasks during these breaks. The distinction between on-duty and on-call rest breaks is crucial, with California law prohibiting requiring employees to remain on duty or perform work-related tasks during rest breaks.
The Augustus v. ABM Security Services, Inc. case specifically addressed on-call rest breaks. The case involved a class of more than 14,000 security guards who sued their employer for requiring them to keep their pagers and walkie-talkies on during rest breaks. The court ruled that this was a violation of California labor laws, establishing that rest breaks must be truly duty-free for employees to be considered compliant with state regulations.
If an employer fails to provide the required rest breaks, they must pay a penalty equal to one hour of pay for each missed rest break.
In summary, the Augustus v. ABM Security Services, Inc. case reinforces the requirement that California rest breaks be uninterrupted and duty-free. Employers must ensure that employees are fully relieved of duties during rest periods to comply with state law.
This ruling does not mention any specific companies or industries, but it serves as a reminder to all California employers to provide their employees with the mandated rest breaks and to ensure they are truly duty-free.
- To ensure compliance with California labor laws, businesses in California should not require their employees to remain on call or perform work-related tasks during rest breaks, as demonstrated in the Augustus v. ABM Security Services, Inc. case.
- The financial implications of failing to provide mandated rest breaks in California are significant, as employers must pay a penalty equal to one hour of pay for each missed rest break.
