Augustus v. ABM Security Services, Inc.
California Supreme Court
385 P.3d 823 (2016)
- Written by Liz Nakamura, JD
Facts
ABM Security Services, Inc. (ABM) (defendant) policy mandated that ABM security guards carry their phones, remain on call, and perform any required work during all legally required rest periods. Under California’s Wage Order 4, ABM was required to provide each employee with a 10-minute rest period per four hours worked. Jennifer Augustus (plaintiff), together with other ABM employees, sued ABM for violating California’s labor laws, arguing that ABM could not require employees to remain on duty or on call during rest periods. The trial court granted Augustus summary judgment. On appeal, the appellate court reversed, holding that although California law required employers to provide employees with rest periods, there was no explicit prohibition barring employers from requiring employees to remain on call or on duty. Augustus appealed to the California Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Cuéllar, J.)
Concurrence/Dissent (Kruger, J.)
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