State Law Rest Periods

Updates to the On-Call Rest Period State Laws

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The California Supreme Court rules that on-call rest periods are no longer allowed.

In late 2016, the California Supreme Court ruled that on-call rest periods are not permissible. As a result of this decision, many Californian employers will need to re-examine their rest break policies and practices.

On December 22, 2016, the California Supreme Court reserved the 2nd District Court of Appeal concluding that “state law prohibits on-duty and on-call rest periods. During required rest periods, employers must relieve their employees of all duties and relinquish any control over how employees spend their break time.” The rest period essentially means that the employees have 10 minutes of just that — rest. Being on-call requires a broad degree of control in the hands of the employer, with the employee required to be ready at a moment’s notice. This new law for on-call rest periods is a means to provide an uninterrupted break from duty for the employee.

Despite these breaks being compensable, the employer must still relinquish control over the rest period. Even so, it does not prevent employers from being able to reasonably reschedule a rest period when the need arises. Furthermore, if a rest period is interrupted, an employer can provide another rest period to replace the interruption, or pay the premium for the missed rest break.

While you re-examine your break policies, review your business insurance. Safeguarding your company from damage and harm is made easy by following the law, educating employees, maintaining the workplace, and securing reliable commercial insurance. Protect your business on the roads by visiting the team at Hoffman Brown Company in Sherman Oaks, California. We serve businesses with auto insurance to suit their needs and have done so since 1961. Give the team a call today; they are always happy to help.

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