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California Supreme Court Takes Up Decision from Court of Appeal Holding That On-Call Rest Periods Are Permissible
Monday, May 4, 2015

On April 29, 2015, the California Supreme Court granted the employee’s petition for review of the Court of Appeal’s decision in Augustus v. ABM Security Services, Inc., which reversed a near-$90 million judgment awarded in the favor of a certified class of current and former security guards on rest period claims, and also held that while “an on-call guard must return to duty if called to do so, [] remaining available to work is not the same as actually working.” Importantly, because the California Supreme Court has decided to review the Augustus case, it may no longer be relied upon as precedent. We will keep you advised of any updates, although we should not expect a decision from the California Supreme Court until at least next year.

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