In California, as well as across the nation, there are many jobs which require employees to be on “standby” or “on-call”. For example, some employees who are on standby may be required to carry their cell phone or smart phone and check their email regularly while they go about their personal affairs. Other employers may require the employee to carry a cell phone at all times as they may contact the employee to immediately come into work. For the standby or on-call employee, it can become confusing as to whether he or she is being compensated fairly for being on standby or on-call. If something seems unfair, an employment lawyer should be contacted so the employee’s situation can be evaluated.
Under California law, on-call waiting time is compensable if it is spent primarily for the benefit of the employer and its business. In Augustus v. American Commercial Security Services, the employer had a widespread policy which required its employees, security guards, to remain on standby or on-call at all times, even during rest breaks. When on-call, the security guards carried radios and cell phones and were required to be available at all times. The plaintiff class made up of the security guards filed suit alleging they were not being provided off-duty breaks as required under California law as they were essentially forced to remain on-call and were never at any point relieved of all duties. The security guards contacted an employment lawyer to represent them against the employer.
Plaintiffs argued that the employer had to ensure that its employees were completely relieved of all duty during their breaks, and the employee failed to do just that. Defendants argued that it did not matter whether the security guards were on call so long as the rest breaks were never interrupted then there was no violation. The judge was not convinced and sided with the plaintiff class. The judge entered a verdict in favor of the plaintiff class for $90 million.
This case is a huge win for California employees. Unfortunately, employers still violate the law in an attempt to cut costs or maximize their employee’s work time. However, cases such as Augustus v. American Commercial Security Services confirms that there is consequences for employers violating the law and employers can be held accountable in the court of law. If you believes your employer has committed a wage and hour violation, contact an employment lawyer immediately.