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Benari & Nguyen LLP

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Take Your Phone On Break?

In Augustus v. ABM Security Services, Inc., the California Supreme Court held that employees who were required to carry phones or pagers during their rest breaks - even if they never actually received a call - were deprived of their statutory right to a duty-free break period. Consequently, awarding the aggrieved employee class a 90 million dollar judgment.

But what does this mean? Well, the court stated that an employer cannot satisfy its obligations to relieve employees from duties and employer control during rest periods when the employer nonetheless requires its employees to remain on call.

Long story short, employers should think twice before requiring their employees to remain "on call" while on break.

By Omri A. Ben-Ari, Esq.