"'Integrity’: the quality of being honest and having strong moral principles. In other words, always doing the right thing.” California Security Guard Meal Period Class Action Lawyer - Bill Turley
California Security Guard Meal Periods
Most California security guards are owed a lot of money in unpaid wages. My law firm has California security guard meal period class actions cases filed against California security guard companies. I speak to California security guards all the time.
Here is the deal. Almost all California security guard companies have “on-duty” meal periods. Which are illegal under California law. In order for a meal period to be legal under California law, the security guard company has to relieve you of all duties. An “on-duty” meal period doesn’t comply with California law.
This is because you have the same duties when you are on-duty as when you are taking a meal period. That is, you have to watch and respond. Which means, by definition, you have not been relieved of all duties. The simplicity of it, is the beauty of it.
So if your shift is over 5 hours, then you have to be completely relieved of all duties for 30 minutes. Otherwise, the company owes you a hours pay.
California Security Guard Rest Breaks
It is the same with rest breaks. The company has to relieve you of all duty for a 10 minute rest period. You are entitled to a 10 minute rest period if your work shift is over 3 ½ hours and a second 10 minute rest period is your shift is over 6 ½ hours. If you have the duty to watch and respond during your rest break, the company has not provided you with a paid, 10 minute rest period. This is because you have the same duties while on a rest period as when you are working.
A Change In California Law
In 2012, the California Supreme Court decided the case Brinker vs. Superior Court. I am one of the Plaintiff lawyers in the Brinker case. This case has changed the law in California. And the Brinker case is retroactive. This means that it applies going backwards in time. As it turns out, the Brinker case means you are owed a lot of money in back wages.
The Bottom Line
If you have worked for a California security guard company during the last four years, you are probably owed a lot of money in unpaid wages. Most likely you are owed 2 hours of pay for every shift you worked. You are probably owed 30 days of pay for what is called waiting time pay. And you are probably owed interest. This really adds up. Finally, if you are the class representative in a California security guard meal period class action lawsuit, you may be entitled to a class representative enhancement, that is awarded to class representatives by the court.
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