California Employment Law Update

Category Archives: On-call

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California employers must relieve their employees of all duties during breaks

$90 Million Judgment Reinstated:  Employers Must Relieve Employees Of All Duties During Their Break Time Today, the California Supreme Court ruled that California law strictly prohibits on-duty rest periods.  “What [the law] require[s] instead is that employers relinquish any control over how employees spend their break time, and relieve their employees of all duties – … Continue Reading

California is at it Again! Chamber of Commerce Releases Its 2015 List of “Job Killer” Bills

The Chamber of Commerce has just released its preliminary list of “job killer” bills that have been proposed in the California Legislature. Don’t forget that California remains tied with Louisiana for the fourth highest rate of unemployment in the country at 6.7%. This year’s list identifies 16 proposed laws, including four new “Increased Labor Costs” … Continue Reading

Security Guards Are Entitled To Compensation For All On-Call Hours Spent At Employer’s Worksite

Mendiola v. CPS Sec. Solutions, Inc., 60 Cal. 4th 833 (2015) CPS employed on-call guards to provide security at construction worksites. Part of each guard’s day was spent on active patrol. Each evening, guards were required to remain on call and on premises at the worksite to respond to disturbances should the need arise. By … Continue Reading

$90 Million Judgment In Favor Of Security Guards Who Remained On Call During Rest Breaks Is Reversed

Augustus v. ABM Sec. Servs., Inc., 182 Cal. Rptr. 3d 676 (2015) In this class action lawsuit, plaintiffs alleged that ABM did not provide rest periods to its security guard employees because it failed to relieve them of all duties and required them to remain on call during their breaks. The trial court certified the … Continue Reading

San Francisco Passes the “Retail Workers Bill of Rights”

San Francisco recently enacted two sweeping ordinances that are being referred to as the “Retail Workers Bill of Rights” (you can find the ordinances here and here). The new laws impose strict new requirements on retail employers and establishments in the City of San Francisco. While the ordinances became effective on January 5, 2015, employers … Continue Reading

Offshore Oil Crews Were Not Entitled To 24 Hours Of Compensation During Each Work Day

Seymore v. Metson Marine, Inc., 194 Cal. App. 4th 361 (2011) Plaintiffs Andrew Seymore and Kenneth Blonden were employed by Metson Marine as crew members on Metson’s offshore oil spill recovery vessels. Crew members worked 14-day rotational hitches, alternating with 14-day rest periods and were paid to work a 12-hour daily shift during the two-week … Continue Reading

Medical Service Reps May Not Have Been Subject To The Motor Carrier Exemption From Overtime

Gomez v. Lincare, Inc., 173 Cal. App. 4th 508 (2009) Lincare provides respiratory services and medical equipment setup to patients in their homes. Plaintiffs were Lincare service representatives who drove vans containing liquid and compressed oxygen (defined by the federal government as “hazardous materials”) and worked on call in the evenings and on weekends. Plaintiffs … Continue Reading

Limousine Drivers’ Class Action Should Have Been Certified

Ghazaryan v. Diva Limousine, Ltd., 169 Cal. App. 4th 1524 (2009) Sarkis Ghazaryan filed this class action lawsuit alleging that Diva Limousine had failed to pay wages, overtime compensation, and to provide meal periods and rest breaks in violation of California law. Diva followed a policy of paying its drivers an hourly rate of pay … Continue Reading

Resident Employees Need Only Be Paid For Time During Which Work Is Performed

Isner v. Falkenberg/Gilliam & Associates, Inc., 160 Cal. App. 4th 1393 (2008) Ron and Sharon Isner were resident employees of Falkenberg — a property management company specializing in managing nonprofit housing for the elderly. Although the Isners were required to remain on the premises and be on call on designated evenings from 5:00 p.m. until … Continue Reading

Ranger Who Was Injured In Residence Provided By State Was Limited To Workers’ Compensation Remedies

Vaught v. State, 157 Cal. App. 4th 1538 (2007) Marck Vaught was employed as a resource ranger for the State. His position required him to be on call “all the time.” As an inducement to accept the position, the State offered Vaught and his wife the use of a residence located in the district in … Continue Reading

On-Call Employees Who Resided On Site Were Entitled To Overtime Pay

Brigham v. Eugene Water & Elec. Bd., 357 F.3d 931 (9th Cir. 2004) James Brigham and other employees of the Eugene Water & Electric Board (EWEB) were stationed at the Carmen Smith Hydroelectric Project, a power generation facility straddling the upper McKenzie River, 70 miles east of Eugene, Oregon, in the Willamette National Forest. Four … Continue Reading
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