October 21, 2021

Volume XI, Number 294

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DLSE Reverses Its Position on California Rest Breaks

In November 2017, the California Labor Commissioner’s office, Division of Labor Standards Enforcement (“DLSE”), published updated guidance on employer provided paid 10-minute rest breaks.  Specifically, the DLSE maintains that employees must be relieved of all duty during rest breaks, and now has taken the position that employees must be permitted to travel off-site during their ten-minute rest breaks. The DLSE also noted, “As a practical matter, however, if an employee is provided a ten minute rest period, the employee can only travel five minutes from a work post before heading back to return in time.”  The DLSE’s guidance further advised that employers are prohibited from requiring employees to monitor pagers or radios during rest breaks.

This decision follows the California Supreme Court’s decision in Augustus v. ABM (2016) 5 Cal.5th 257, which holds that security guards cannot be deemed to be on duty-free rest breaks when they are required to carry pagers and respond to emergencies on an “as needed” basis.  

Jackson Lewis P.C. © 2021National Law Review, Volume VII, Number 342
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About this Author

Stephanie Yang, Wage, Hour, Attorney, Jackson Lewis Law Firm
Associate

Stephanie T. Yang is an Associate in the San Francisco, California, office of Jackson Lewis P.C. Ms. Yang represents employers in all aspects of employment litigation, including wage and hour, discrimination, harassment, wrongful termination, and breach of employment contract claims. She also counsels employers on all areas of employment compliance.

In 2012, Ms. Yang’s trial motions and briefs contributed to two defense verdicts in Orange County. In 2013, Ms. Yang obtained a partial summary judgment in a hotly litigated disability discrimination matter. In 2015...

415-796-5486
Cepideh Roufougar, Employment Attorney, Jackson Lewis Law Firm
Principal

Cepideh Roufougar is a Principal in the San Francisco, California, office of Jackson Lewis P.C.

She focuses on public and private sector management in all areas of labor and employment law. Ms. Roufougar positions herself as a strategic partner when providing advice and counsel about litigation avoidance, employee management issues, implementing disciplinary actions, collective bargaining issues, and the California Public Safety Officers and Firefighters Procedural Bill of Rights Acts. Her ability to see the big picture clearly and understand her client’s...

415-394-9400
Susan E. Groff, Jackson Lewis, disability accommodation lawyer, protected absence attorney
Principal

Susan E. Groff is a Principal in the Los Angeles, California, office of Jackson Lewis P.C. She advises and counsels management on various employment related issues.

Ms. Groff advises employers on complying with federal and California requirements for disability accommodation and protected leaves of absence.

In addition, Ms. Groff counsels employers on a host of other employment issues, including wage and hour laws, harassment and discrimination complaints, workplace investigations,...

213-689-0404
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