2015-05-01

State Supreme Court Will Revisit Rest Break Payment Issue

Professor Hina Shah, Director of the Women's Employment Rights Clinic (WERC), recently weighed in on whether workers should be compensated for their mandatory rest breaks. The CA Supreme Court recently decided to hear an appeal brought by security guards hoping to be paid for their rest breaks. According to Matthew Blake at the Daily Journal, "That opinion came just weeks after the state Supreme Court ruled for a separate class of security guards in Mendiola v. CPS Security Solutions, 217 Cal.App.4th 851 (Cal. App. 2nd Dist., July 3, 2013), a strikingly similar dispute over rest break payment. Justice Carol Corrigan found 'on-call hours constituted compensable hours worked' because the guards remained under the employer's control.'The justices found that remaining available to work is work,' said Hina B. Shah, a professor at Golden Gate University School of Law who filed an amicus brief for the security guards in Mendiola. 'I'm confident that Mendiola will help clarify the court's framing work for reversing Augustus.'" To read the full story, click the link above.

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