On September 30, 2020, Governor Newsom signed Assembly Bill 1512 (“AB 1512”), which for the first time allows employers to require their unionized security officers to take on-duty rest breaks.  Historically, employees could agree to take on-duty meal breaks (with certain prerequisites), but the law was silent as to on-duty rest breaks.  In enacting AB 1512, the legislature recognized that security officers must be able to respond to emergency situations without delay, must carry and monitor a communication device at all times, and must remain on the premises and on-call during paid rest breaks.

This law provides much-needed clarity to the applicable meal and rest break standards for security officers in California.  Effective immediately, registered security officers covered by a valid collective bargaining agreement may be required to (1) stay on the premises during rest breaks, (2) remain on-call during rest breaks, and (3) carry and monitor a communication device during their 10-minute rest breaks.

In order for this rule to apply, the collective bargaining agreement must expressly provide for:

  • the employees’ wages,
  • hours of work,
  • working conditions,
  • rest periods,
  • final and binding arbitration of disputes concerning the rest period provisions,
  • premium wage rates for all overtime hours worked,
  • and a regular hourly rate of pay of not less than $1 more than the state minimum wage rate.

If the security officer’s on-duty rest break is interrupted (i.e. if the officer is called upon to return to performing their active duties), the officer may restart the 10-minute rest break as soon as practicable.  A rest break is not “interrupted” just because the officer must remain on the premises, must remain on call and alert, and must monitor a radio or other communication device.  A rest break premium penalty is only owed if the security officer is unable to take an uninterrupted 10-mintue break for every four hours worked or every major fraction thereof.  To the extent this law conflicts with the California Supreme Court’s decision in Augustus v. ABM Security Services, Inc. (2016) 2 Cal.5th 257, the Augustus case is abrogated.

Jackson Lewis will continue tracking state legislation that is relevant to employers. If you have questions about the effects of this or other recent legislation contact a Jackson Lewis attorney to discuss.

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Photo of Sierra Vierra Sierra Vierra

Sierra Vierra is an associate in the Sacramento, California, office of Jackson Lewis P.C. She represents management in civil litigation and administrative proceedings involving employment law matters, including discrimination, harassment, retaliation, wrongful termination, benefits, and a wide range of wage and hour issues.

Sierra Vierra is an associate in the Sacramento, California, office of Jackson Lewis P.C. She represents management in civil litigation and administrative proceedings involving employment law matters, including discrimination, harassment, retaliation, wrongful termination, benefits, and a wide range of wage and hour issues. She litigates in federal and state courts, including class and representative actions, and represents employers in administrative proceedings. She also provides preventive advice and counsel on best practices.

Prior to joining Jackson Lewis, Sierra clerked for the Honorable Joe B. Brown and the Honorable John S. Bryant, United States Magistrate Judges for the Middle District of Tennessee.

While in law school, Sierra received the highest grade in 12 courses. Sierra also served as an associate editor of the University of Illinois Law Review and as the editor-in-chief and administrative law columnist for the Illinois Law Update section of the Illinois Bar Journal. She also worked as a research assistant and teaching assistant and represented clients in connection with the University of Illinois Civil Litigation Clinic.

Before entering law school, Sierra worked as a paralegal at the Naval Air Warfare Center Weapons Division Office of General Counsel, where she supported civilian personnel litigation, government procurement, environmental compliance, intellectual property, Freedom of Information Act compliance, and government ethics teams.