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Wage and Hour Security Guards

Hinshaw & Culbertson - Employment Law...

Hinshaw's 12 Days of California Labor & Employment Series – Day 7: Rest Break Updates

In the spirit of the season—and keeping some semblance of normal—we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this seventh day of...more

Ervin Cohen & Jessup LLP

Security Officers Can Now Remain On-Call During Rest Breaks; What This Means for All California Employers

Ervin Cohen & Jessup LLP on

If your workforce includes private security officers, then new Assembly Bill 1512 should come as great news to you. Back in 2016, the California Supreme Court issued a controversial decision called Augustus v. ABM Security...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California’s New AB 1512 Revises Security Officer Rest Period Rules

On September 30, 2020, Governor Gavin Newsom signed Assembly Bill (AB) 1512, which amends California Labor Code Section 226.7 by authorizing employers to require certain unionized private security officers “to remain on the...more

Rumberger | Kirk

A Win for Cannabis Industry Workers

Rumberger | Kirk on

On September 20, 2019, the United States Court of Appeals for the Tenth Circuit ruled in Robert Kenney v. Helix TCS, Inc. that the Fair Labor Standards Act (FSLA) applies to workers in the cannabis industry. This is a...more

Jackson Lewis P.C.

Can Employers Require Their Employees to Remain On Call During Rest Breaks?

Jackson Lewis P.C. on

In another important decision regarding an employer’s obligation to provide rest breaks, the California Supreme Court in Jennifer Augustus et al. v. ABM Security Services, Inc. (2016) 2 Cal.5th 257, dealt with two issues...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Superior Court Holds That Meal Breaks Are Compensable Unless Employees Are Relieved of All Work-Related Duties

In a decision that could spell trouble for Massachusetts employers, a judge in the Superior Court’s Business Litigation Session recently held that meal breaks count as “compensable working time,” for which employees must be...more

Orrick - Employment Law and Litigation

Not Providing Compliant Rest Breaks in California Could Break the Bank – New Clarifications from the State’s High Court

Recently, in Augustus v. ABM Security Services, Inc., the California Supreme Court upheld a $90 million award of statutory damages, interest, and penalties against an employer who required employees to remain on-call during...more

McGuireWoods LLP

On-Call Rest Breaks Violate California Law

McGuireWoods LLP on

On Dec. 22, 2016, the California Supreme Court ruled in Augustus, et al. v. ABM Security Services, Inc. that an employer’s policy requiring employees to remain “on call” during paid rest breaks violated state law. This...more

Seyfarth Shaw LLP

Massachusetts Superior Court Adopts Stringent Standard for Unpaid Meal Breaks Under State Wage Law

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Massachusetts Superior Court recently issued an opinion holding that, under Massachusetts wage law, employers in the Commonwealth must pay employees for meal breaks, unless the employees are completely...more

Proskauer - California Employment Law

California Employment Law Notes - January 2017

$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods - Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) - Jennifer Augustus filed this...more

Fox Rothschild LLP

What Does It Mean That CA Employers Must “Relinquish All Control” During Meal and Rest Periods?

Fox Rothschild LLP on

Let’s pick up where we left off. In our last post of 2016, I was complaining about the California Supreme Court’s decision in Augustus v. ABM Security Services, Inc. The majority opinion in that case said that employees who...more

Blank Rome LLP

California Employers May Not Control How Employees Spend Their Break Time or Require On-Call Rest Periods

Blank Rome LLP on

Action Item: California employers are urged to review their rest period policies and practices, and consider changes that will ensure they relinquish control over how employees spend their break time and relieve their...more

Nossaman LLP

California Supreme Court: California Prohibits On-Duty And On-Call Rest Periods

Nossaman LLP on

Augustus v. ABM Security Services, Inc. On December 22, 2016, the California Supreme Court in Augustus v. ABM Security Services, Inc., ruled that California law prohibits on-duty and on-call rest periods. You may...more

FordHarrison

California Supreme Court Tells Employees To Rest Assured

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After a years-long battle, the California Supreme Court finally issued a ruling defining what it means for an employer to provide a rest break to non-exempt employees under California law: rest breaks cannot be “on-duty” or...more

Jackson Lewis P.C.

Employees on Rest Breaks Must Be Off Duty, California Supreme Court Rules

Jackson Lewis P.C. on

A class of security guards received an early holiday present from the California Supreme Court on December 22. The Court ruled that California law requires employees on rest breaks be relieved of all duties. It...more

Seyfarth Shaw LLP

California Supreme Court Puts On-Call Breaks To Rest

Seyfarth Shaw LLP on

Seyfarth Synopsis: In what many employers will see as a “break” from workplace reality, the Supreme Court, in Augustus v. ABM Security Services, Inc., announced that certain “on call” rest periods do not comply with the...more

Holland & Knight LLP

New California Labor and Employment Laws for 2017

Holland & Knight LLP on

Continuing a trend from recent years, the California Legislature passed, and Gov. Jerry Brown signed into law, numerous labor and employment bills in 2016. Each becomes effective on Jan. 1, 2017, unless otherwise...more

Proskauer - California Employment Law

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 - This week, the California Supreme Court ruled that California law strictly prohibits on-duty rest periods. “What...more

Allen Matkins

2017 Labor & Employment Law Update for California Employers

Allen Matkins on

In 2016, California passed a slew of labor and employment laws affecting businesses across the state and their personnel policies and practices. Below is a brief summary of many of these laws, which generally take effect on...more

Seyfarth Shaw LLP

The $90 Million Question: Can You Rest While On Call?

Seyfarth Shaw LLP on

Seyfarth Synopsis: Does carrying a pager nullify a rest break? What about the possibility of being tapped on the shoulder by your boss? Or being called on your cell phone? The California Supreme Court considered these and...more

Jackson Lewis P.C.

Jersey City Proposes Groundbreaking Minimum Workweek Ordinance

Jackson Lewis P.C. on

The City of Jersey City, New Jersey, recognizing that building service employees compose “a significant portion” of those who work in the City, is considering an ordinance to establish a minimum 30-hour workweek for them. The...more

Littler

Wisconsin Eases, But Does Not Eliminate, the One Day of Rest in Seven Law

Littler on

Effective July 14, 2015, Wisconsin has made it easier for an employer to comply with Wisconsin Statute 103.85, Wisconsin’s “one day of rest in seven” requirement. Under this statute, most factory and mercantile employers must...more

Franczek P.C.

Are You in the DOL's Crosshairs? Statistics Give Warning to Retail, Hospitality Employers

Franczek P.C. on

Last week, the Department of Labor posted a new blog post from Wage and Hour Division Administrator Dr. David Weil highlighting the DOL’s wage and hour enforcement efforts. Dr. Weil’s statement that the DOL recovered “over...more

Manatt, Phelps & Phillips, LLP

Employment Law - June 2015

Actual Knowledge by Employer Not Necessary for Title VII Religious Discrimination Claim, U.S. Supreme Court Rules - Why it matters: In a closely watched case, the U.S. Supreme Court sided with a teenage applicant to...more

Stoel Rives LLP

San Francisco Is About to Begin Enforcing the Retail Workers Bill of Rights – Are You in Compliance?

Stoel Rives LLP on

On July 3, 2015, the San Francisco Retail Workers Bill of Rights becomes operative. This ordinance creates major changes for many companies doing business in San Francisco. Employers Affected - The law applies...more

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