On-Call Employees

News & Analysis as of

Employment Law - January 2015

U.S. Supreme Court: Security Screenings Not Compensable - Why it matters: In a closely watched case, the U.S. Supreme Court unanimously reversed the Ninth U.S. Circuit Court of Appeals to rule that the time spent by...more

Employment Alert: Security Guards Entitled to Compensation for On-Call Hours Spent Under Employer’s Control

In Mendiola v. CPS Sec. Solutions, Inc., 2015 WL 107082, published January 8, 2015, the California Supreme Court held that: (1) on-call hours at a worksite represented “hours worked” for overtime purposes when the employer...more

No Lullaby for Employers: California Supreme Court Finds Sleep Periods Considered 'Hours Worked'

In Mendiola v. CPS Security Solutions, Inc., S212704 (Jan. 8 2015), California’s Supreme Court reaffirmed the rule that “hours worked” under California law includes all hours an employee is under the employer’s control, even...more

Employers Finally Get a Break—Court Reverses $90 Million Verdict and Holds That Employers Are Not Required to Relieve Employees of...

On December 31, 2014, the Court of Appeal for the Second District of California held in an unpublished opinion that employers are not required to relieve employees of all duty during rest periods mandated by California state...more

California Supreme Court Holds On-Call Time For Security Guards Is Fully Compensable Under California Wage Orders

In Mendiola et al v. CPS Security Solutions, et al., (2015) 2015 WL 107082, the California Supreme Court held that security guards at a construction site were entitled to compensation for all on-call hours spent at their...more

California Supreme Court Rules On-Duty Guards Entitled to Pay for On-Call and Sleep Time

On January 8, 2015, the California Supreme Court issued a decision holding that the on-call hours for security guards who work 24-hour shifts constituted compensable hours worked. Further, the court ruled that the guards’...more

Quick Quiz Answer: Pay For Being In On-Call Status

The answer to our September 22, 2014 Quick Quiz is, "Yes, even though the payments are not tied to the on-call hours he works." In declining percentage order, the responses were...more

Lady Gaga, Former Personal Assistant, Settle Overtime Claims; Case Highlights Risk Of "On Call" Expectations For Non-Exempt...

Last week, a federal court in New York approved an undisclosed settlement between pop singer Lady Gaga and her former personal assistant to resolve the personal assistant’s overtime claims. Although the terms of the...more

Did You Know…Lady Gaga Settles Wage And Hour Claim

As we reported to you earlier in the year during our annual employment seminars, Lady Gaga was sued by her former personal assistant who alleged Lady Gaga violated federal law by failing to pay her overtime for being...more

Done With Lady Gaga

Whether it’s on the phone, in my office, or just on the street, people – I mean, hoards of people – have been asking me the same one question: What’s happening with Lady Gaga? A few weeks ago, on September 30th, I...more

You May Live For The Applause But I Work For Overtime

A settlement in the lawsuit against Lady Gaga by her former personal assistant, Jennifer Olsen, was announced this week, a month before the case was scheduled for trial. Ms. Olsen sued the pop star claiming that she was not...more

Restricting The Activities Of California On-Call Employees May Mean Having To Pay Them For Their Time

Mendiola v. CPS Security Solutions, Inc., No. B240519 (July 3, 2013): In a recent decision, the California Court of Appeal held that employees need to be compensated for “on-call” hours if the employer substantially...more

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