Rest Period Compliance Guidance

Last year, the California Supreme Court held that employer’s discretion to provide employees with on-duty meal periods does not apply to rest periods. Augustus v. ABM Sec. Servs. Inc., 2 Cal. 5th 257 (2016). The Supreme Court had previously outlined an employer’s obligation to provide meal periods in Brinker Rest. Corp. v. Superior Court, 53 Cal. 4th 1004, 1017 (2012). Augustus clarifies Brinker by holding that employees cannot be required to be “on call” during rest periods. This holding provides valuable insight for California employers.