No Rest for the Weary California Employer: How Will the State Supreme Court’s Groundbreaking Rest Break Ruling Impact Your Workplace?

In Augustus v. ABM Security Services, Inc., the California Supreme Court, in a groundbreaking decision at odds with decades of precedent, ruled that California law prohibits “on-call” and “on-duty” rest periods. The ruling, which suggests that merely providing cell phones, pagers, and other communication devices to employees on break time could subject employers to significant damages, stands among the most controversial rulings of the court in recent years. What is the impact of this decision on employer policies requiring employees to carry a cell phone and respond if called? Should employers immediately rewrite policies requiring employees to remain on the employer’s premises during rest breaks? What does this significant departure from California’s historical and longstanding interpretation and enforcement policy and practice mean for California employers? Which industries will this new decision impact?