Last week, the California Supreme Court granted review in a wage and hour class action, Augustus v. ABM Security Services, No. S224853.
As explained in my original blog post on this case, the Court of Appeal (Second Appellate District, Division One) affirmed the trial court's order granting class certification, but reversed the judgment on the merits, holding that the defendant employer did not violate California's rest break laws. Augustus v. ABM Security Services, Inc., 233 Cal.App.4th 1065 (2014), review granted.
The latter ruling is what sparked the Supreme Court's interest. This is the statement of issues on review, according to the docket:
This case presents the following issues: (1) Do Labor Code, § 226.7, and Industrial Welfare Commission wage order No. 4-2001 require that employees be relieved of all duties during rest breaks? (2) Are security guards who remain on call during rest breaks performing work during that time under the analysis of Mendiola v. CPS Security Solutions, Inc. (2015) 60 Cal.4th 833?
Nevertheless, I would imagine that the eventual opinion will consider the class certification aspects of the case, given the procedural posture presented to the Court of Appeal.