California Supreme Court Refuses Sleep Time Exemption

An excellent summary of the new Mendiola decision as it applies to live-in caregivers.

California Employment Law

The California Supreme Court issued its decision in Mendiola v. CPS Security Solutions, where the court examined California’s sleep time rules for employees working 24-hour shifts.  I previously wrote about this case in 2013, and then updated the article when the Supreme Court granted review of the case.  I attended the oral arguments and I can’t say I am surprised by the court’s ruling. In essence, the court held that California does not allow an employer to deduct sleep time from the employee’s hours worked.

The court did not overturn a previous case under wage order 9 dealing with ambulance drivers/attendants, but limited that case to the specific facts of that case.  The court did disapprove of another case that expanded the sleep time deduction to non-ambulance drivers/attendants.

California requires employers to pay employees for all “hours worked.”  Most wage orders define hours worked as any time the employee is…

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