In a ruling that preceded the California Supreme Court’s CPS Security Solutions decision, a California Appeals Court vacated a $90 million judgment against ABM Industries Inc., finding that the company’s policy of requiring security guards to carry a radio during their rest breaks did not effectively put them on-call during these breaks.

In Augustus et al., v. ABM Security Services Inc., the plaintiffs alleged that the facilities management company’s security guards did not receive valid rest breaks because they were required to carry radios. The Appeals Court found that the “issue is whether simply being on call constitutes performing ‘work.’ We conclude that it does not.”

Whether this can survive the California Supreme Court’s CPS Security Solutions decision is yet to be seen, and California employers are certainly in a precarious position when it comes to evaluating their obligations under state law.