New Law Enforces On-Duty Rest Breaks for Security Officers

A new law that went into effect on September 30 in California permits employers to require that their unionized security officers take on-duty rest breaks. This means that these officers must remain on the premises instead of being able to travel off-site during this time. This new law has the potential to impact a substantial portion of the security workforce in California, as many are members of organized unions that have previously been exempt to these rules. To learn more about this and other employment laws that may affect you as a worker, call or contact a knowledgeable California employment law attorney in your local area today.

On-Duty Rest Break Rules

Under the new law, known as AB 1512, unionized security officers may be ordered by their employer to remain on premises during their rest breaks, remaining on call during this time, and carry a communication device during the break. The purpose behind this new law is that legislators recognized that security officers may be required to respond to an emergency during their rest breaks without delay and be able to call for assistance from police, fire, and ambulance emergency responders.

The new law also stipulates that if a unionized security officer’s rest break is interrupted for an emergency or other reason, the officer must be allowed to restart their rest period as soon as possible. The rest period is not considered interrupted simply because the officer must remain on premises or keep a communication device on their person. In addition, if the security officer is not allowed to take an uninterrupted rest break for at least ten minutes every four hours the officer must be paid an additional hour of pay at their regular pay rate.

When Does the Law Apply?

The law applies to unionized security officers only if the collective bargaining agreement with the union expressly provides for the employees’ wages, hours of work, working conditions, rest periods, a regular hourly rate of pay not less than one dollar more than the state minimum wage, and final and binding arbitration of disputes involving issues such as application of rest break provisions, premium wage rates for overtime, and other matters. If the collective bargaining agreement does not meet these qualifications, the employer may not be allowed to require that unionized security officers stay on premises during their rest breaks.

Related Law: Exemption of Rest Period Requirements for Safety-Sensitive Positions

Another related law was also extended from an original expiration date of January 1, 2021 to January 1, 2026. Under AB 2479, an exemption exists from rest period requirements for specified employees that hold safety-sensitive positions at petroleum facilities in California. These employees are also required to carry a communication device, respond to emergencies, and remain on the employer’s premises during their rest breaks.

Talk to an Employment Law Attorney

If you would like to learn more about these laws or other legal issues that impact California workers, call or contact an experienced employment law attorney in your area today.