California Court Mandates Pay for “Sleep Time”

Today's General Counsel

Michael S. Kun, Member of the Firm in the Labor and Employment practice, and Kevin Sullivan, Associate in the Labor and Employment practice, in the firm's Los Angeles office, authored an article in Today’s General Counsel, titled “California Court Mandates Pay for ‘Sleep Time.’”

Following is an excerpt:

The California Supreme Court ruled this week that for some occupations—such as 24-hour security guards who sleep for eight hours of that time—employers must compensate workers for the full shift, even the time spent resting. The ruling reverses a prior appeals court ruling upholding employer-worker agreements that specified unpaid sleep time. The court reiterated factors that have been considered by other courts, including whether there were “excessive geographical restrictions” on employee movements and whether employees could engage in personal activities during the call-in time. Attorneys from Epstein Becker & Green summarize the case, and suggest that companies examine their employment agreements, as the ruling sets the stage for other firms to face class action lawsuits over ‘sleep time.’

The article is based on Mr. Kun and Mr. Sullivan’s blog post “California Supreme Court Holds That Sleep Time May Not Be Excluded from Hours Worked in Certain Industries,” on Epstein Becker Green’s Wage and Hour Defense Blog.