In 2016, the California Supreme Court decided in Augustus v. ABM (2016) 5 Cal.5th 257, that security guards could not be deemed to be on duty free rest breaks if they were required to carry pagers and respond to emergencies on an “as needed” basis during their breaks. This led to wholesale reconsideration of what an employer could or could not request an employee to do for their employer during an employee’s rest break. The answer now seems to be “absolutely nothing.”

At the end of November 2017, the California Labor Commissioner’s office, Division of Labor Standards Enforcement (DLSE) published updated guidance on employer provided paid 10-minute breaks, advised that employees must be relieved of all duty during rest breaks, and must be permitted to travel off-site during their ten-minute rest breaks. The DLSE did recognize:

“As a practical matter, however, if an employee is provided a ten minute rest period, the employee can only travel five minutes from a work post before heading back to return in time.”

Apparently the DLSE felt the short time for the rest break would limit employees willingness and ability to leave the employer’s premises. However, the DLSE did not address how to handle an employee who returned late from his or her break.

The DLSE also advised that employers are prohibited from requiring employees to monitor pagers or radios during rest breaks.

If you are uncertain about your rights as an employer or an employee contact competent legal counsel that is well-versed in California employment law.

The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.