Workers cannot be ‘on call’ during rest breaks in California

February 14, 2017

If a server goes on a rest break for 10 minutes and there’s a spill in the restaurant, can a manager text the server to ask: “Where’s the mop?”

In California, unless that worker’s rest break is rescheduled, that text could constitute an interruption that could be a violation of state law, according to a recent ruling by the state Supreme Court.

Employers in California should not expect nonexempt workers to be on call — or even tethered to a device — during their 10-minute work breaks.

With California as a trendsetter, it’s a worker protection issue that could potentially