Mendiola v. CPS Sec. Solutions, Inc., 2013 WL 3356998 (Cal. Ct. App. 2013)

CPS provides security guards for building construction sites throughout California. A number of the guards are designated "trailer guards" because they are expected to spend the night at their assigned jobsites in CPS-provided residential type trailers in order to be available to investigate alarms and other suspicious circumstances and to prevent vandalism and theft. In this class action lawsuit, the guards challenged CPS's pay practices, which included payment of eight hours for patrol and eight hours for on call status during the week and 16 hours for patrol and eight hours for on call status during weekends. The trial court granted a preliminary injunction requiring CPS to compensate the guards for all on-call time spent in the trailers. The Court of Appeal reversed the preliminary injunction to the extent it requires CPS to compensate the guards for the entirety of their 24-hour weekend shifts. On weekends, the guards must be compensated for 16 hours, and eight hours may be excluded for sleep time, provided the guards are afforded a comfortable place to sleep, the time is not interrupted, the guards are compensated for any period of interruption, and on any day that they do not receive at least five consecutive hours of uninterrupted sleep time, they are compensated for the entire eight hours.