EmploymentQuestion 935 of 1632
During a mandated 10-minute rest break, a security-conscious contractor requires workers to keep their radios on and respond if called. Under California law, this practice is:
a.Only a problem if the worker is actually interrupted
b.Permissible if it happens fewer than three times a week
c.Permissible because rest breaks are paid
d.Unlawful; rest periods must be off-duty and free from employer control
Explanation
In Augustus v. ABM Security Services, the California Supreme Court held that employees must be relieved of all duties and employer control during rest periods, including being freed from the obligation to remain 'on call.' Requiring workers to keep radios on and respond defeats the off-duty nature of the break, making it non-compliant even if paid and even if no interruption actually occurs.
Law Reference: Labor Code §226.7; Augustus v. ABMThis topic, taught in full in the CSLB Law & Business guide. CSLB Law & Business — Complete Study Guide (2026) — PDF + EPUB, $24.99 · 14-day refund →
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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)