The decision originates from RPNA's trial court victory in 2012 on behalf of a certified class of security guards who were denied off duty rest breaks in violation of California law. ABM Securities previously acknowledged that all of its security guards were required to remain on call during their so-called breaks, which the court found to be illegal. The trial court held that the guards remained "under ABM's control" during their breaks by having to carry and monitor communication radios to respond to emergencies and other incidents and, thus, were not completely relieved of all duty during their breaks as required by California law. The win was a victory for employees throughout California, as well as for those businesses that lawfully provide off-duty breaks.
The trial court decision was reversed when the court of appeal ruled in favor of ABM Securities in 2014, stating that workers can receive lawful rest breaks even if they are required to perform some of their regular duties. Rather than following the "subject to control" definition of "work" long used in California, the court of appeal based its ruling on a dual definition of the term which had never previously been utilized under California law.
After granting review of the appellate court's decision, the California Supreme Court has now ended the controversy over employee rest breaks which has been the focus of an eleven-year legal battle.
"We are very grateful the Supreme Court agreed with what we have believed the law to be and have fought to clarify for the last 11 years," says Pomerance. "We expect there will now be less litigation over the issue of rest breaks because employees and employers alike will understand the rights and obligations each have under the law."
Adreani adds that the decision is an important reminder for all employers to revisit and ensure their policies are in line with the law. For a copy of the decision, please contact Straightline Communications at email@example.com or 818-386-1916.
Roxborough, Pomerance, Nye & Adreani, LLP (RPNA) is a Los Angeles-based law firm providing expert legal counsel and representation to the California business community. Established in 1995, the firm offers a broad range of legal services in all facets of civil litigation, with its primary focus on litigation, legislation and policymaking issues involving insurance and business related concerns. For more information, visit www.rpnalaw.com
To view the original version on PR Newswire, visit:http://www.prnewswire.com/news-releases/supreme-court-reinstates-89-million-judgment-in-landmark-class-action-employment-suit-300383310.html
SOURCE Roxborough, Pomerance, Nye & Adreani, LLP