January 2017 Archives

Kring & Chung Welcomes New Associate

Kring & Chung is pleased to announce the addition of Jennie I. Lee to its Irvine, CA office. Ms. Lee focuses her practice on business and commercial litigation and transactions. She has experience in handling litigation involving real estate, corporate, employment, products liability and collection disputes. To view her complete profile, click here .

Kenneth W. Chung Named to 2017 Super Lawyers List

Kring & Chung, LLP is pleased to announce that Managing Partner, Kenneth W. Chung, has once again been named to the Southern California Super Lawyers list. This is the seventh consecutive year Mr. Chung has received this honor. Super Lawyers is a rating service of outstanding lawyers from various practice areas who have attained a high degree of peer recognition and professional achievement.

A patented multi-phased selection process includes independent research, peer nominations and peer evaluations. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis with no more than 5% of the attorneys in California being selected as Super Lawyers.

Laura M. Booth Joins Kring & Chung

Kring & Chung welcomes new Associate, Laura M. Booth to its Irvine, CA office. Ms. Booth is an accomplished litigator with over 20 years of civil litigation experience. She has represented businesses, ranging from small to large corporations, in a variety of business litigation and employment matters. To view Ms. Booth's full profile, click here

Kyle D. Kring Named 2017 Best Lawyer

Congratulations to Managing Partner, Kyle D. Kring, on being selected for inclusion in the 2017 Best Lawyers list.

Best Lawyers is the oldest and most respected peer-review publication in the legal profession. The methodology is designed to capture the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical and legal practice area. Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services.

California Prohibits On-Duty and On-Call Rest Periods

By: Kyle D. Kring

Recently, in Augustus v. ABM Security Services, Inc., the Supreme Court of California ruled that employers may not require their employees to remain "on call" during rest periods. The Court noted that, "state law prohibits on-duty and on-call rest periods" and "[d]uring rest periods, employers must relieve their employees of all duties and relinquish any control over how employees spend their break time."

In Augustus, plaintiff and the members of the class were security guards for defendant ABM. They were required to keep their pages and radios on during rest periods and remain available to answer and respond to calls if the necessary. Plaintiffs alleged that ABM failed to provide uninterrupted rest periods as required by state law and ABM acknowledged the fact. ABM argued that their policy did not violate state law because it simply required the guards to keep their devices on in case an incident arose. Importantly, plaintiffs presented evidence that breaks were regularly uninterrupted.

The trial court granted plaintiff's motion for summary judgment on damages, awarding $90 million, finding that an on-call break is no break at all. The Court of Appeal reversed, concluding that merely being on-call does not equate to performing work and therefore state law does not require employers to provide off-duty rest periods.

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