Mendiola

Mendiola v. CPS Security Solutions, Inc.

Bad Law
60 Cal. 4th 833·340 P.3d 355
Supreme Court of CaliforniaJanuary 8, 2015S212704California6,161 words

Opinion

Opinion

Corrigan, J.

Here we hold that, under the California wage order covering security guards, these plaintiffs are entitled to compensation for all on-call hours spent at their assigned worksites under their employer’s control.

I. BACKGROUND

The relevant facts are not in dispute. As applicable here, CPS employed on-call guards to provide security at construction worksites. Part of each guard’s day was spent on active patrol. Each evening, guards were required to be on call at the worksite and to respond to disturbances should the need arise.

More specifically, a guard’s obligations differed depending on the day of the week. On weekdays, each guard was on patrol for eight hours, on call for eight hours, and off duty for eight hours. On weekends, each guard was on patrol for 16 hours and on call for eight hours.

By written agreement, an on-call guard was required to reside in a trailer provided by CPS. The trailers ranged from 150 to 200 square feet and had residential amenities including a bed, bathroom, kitchen, heating, and air-conditioning. Only the assigned guard and maintenance staff had keys to these onsite trailers. Guards could keep personal items in the trailers and generally…

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