by Carolyn E. Sieve, Esq., Ogletree Deakins, Orange County
The California Supreme Court has held that the on-call hours for security guards who work 24-hour shifts constituted compensable hours worked. The court also ruled that the guards’ employer could not exclude “sleep time” from the guards’ 24-hour shifts. (Mendiola v. CPS Security Solutions, Inc. No. S212704, California Supreme Court, 2015)
On duty vs. on call
CPS Security Solutions provides security guards for construction sites throughout California. The guards work 16-hour shifts (eight hours on duty and eight hours “on call”) on weekdays and 24-hour shifts (16 hours on duty and eight hours on call) on weekends.
Based on an on-call agreement each guard signed, CPS paid them for the time they were on duty, but not for on-call time unless they were engaged in an investigation. Each guard had a trailer where they could spend time while they were on call but they were n...(register to read more)