In February, we reported on the California Court of Appeal case, Augustus v. ABM Security Services, which permitted employers to place employees on-call during their ten-minute rest breaks. You can read our analysis of the case here. Now, the Court of Appeal will not have the final word—the California Supreme Court has granted review of this decision.
The California Supreme Court will review the lower court’s decision and decide anew whether, according to the California Labor Code and Wage Order 4-2001, employees must be completely relieved of duty, including not being on-call, during their ten-minute rest breaks throughout the day. The decision will likely come down sometime next year.