The California Supreme Court ruled employers in California cannot require workers to remain on duty or “on call” during their rest breaks.

In a statement made by the state high court on December 22 it was determined that “during required rest periods, employers must relieve their employees of all duties and relinquish any control over how employees spend their break time.”

In Augustus v ABM Security Services, Inc., the state high court was asked to rule on whether or not a security company violated California law because it required guards to carry radios and remain on call during rest periods.  The guards argued that since they were on call and could be contacted at any point on their break, they weren’t actually on a break.  A trial court found in favor of the guards, granting them $90 million in damages, interest and penalties.  The California Court of Appeal vacated the judgement but the California Supreme Court reversed the court of appeal, agreeing with the trial court.

Additionally, employers also shouldn’t suggest or require that employees carry company cell phones, pagers or any other kind of communication device during their rest breaks.  This doesn’t mean employees cannot, just that they should not be required to.    

Typically, a nonexempt employee in California is entitled to a paid, 10-minute rest break for every four hours that are worked.  Violating the Supreme’s Court ruling could cost a company big time.  If a company violates this law, the employee must be given an additional hour of pay for each workday their full rest breaks are not provided.

HR experts suggest that to avoid any kind of confusion, employers should encourage workers to take any kind of break away from their workstations, that way there is no chance of the employer inadvertently breaking the law.