CHA News Article

CHA Files Amicus Letter Supporting Employer in Rest Period Case

CHA has filed an amicus letter in support of the employer’s request for re-hearing in a recent adverse rest period case. In Augustus v. ABM Security Services, the California Supreme Court issued a ruling that casts doubt on long-standing and consistent guidance from the California Division of Labor Standards Enforcement on meal and rest periods. In that case, the court determined that employees required to carry pagers or other electronic devices on their rest periods were not provided an off-duty rest period as required by law and, therefore, were owed the rest period premium payment under Labor Code Section 226.7. The breadth of the decision has adverse implications for meal period compliance as well.

CHA’s amicus letter, which was joined by CalChamber, the California Association of Health Facilities, the California Manufacturers and Technology Association, the California Civil Justice Association and the California Building Industry Association, supported ABM Security’s rehearing petition focusing on two issues — whether it was appropriate to grant summary judgment to the plaintiffs and whether the rest-break obligation should be applied retroactively. Hospitals should monitor developments in this important area.