News & Analysis as of

CA Supreme Court Employer Liability Issues Security Checks

Venable LLP

California Supreme Court Clarifies What Qualifies as Hours Worked

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Is an employee compensable for time spent on waiting and exit searches as "hours worked," even after clocking out? Per the California Supreme Court, it depends on the level of the employer's control over its employees....more

McGuireWoods LLP

California Supreme Court: Exit Security Checks in Personal Vehicles Are Compensable

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On March 25, 2024, the California Supreme Court held that workers are entitled to compensation for time spent undergoing exit security checks that included an inspection of their personal vehicle. In the same decision, the...more

BakerHostetler

California Supreme Court Holds that Employees Must Be Paid for Time Driving Through and To Security Checkpoints

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California employers who require employees to pass through a security checkpoint or swipe a security badge before exiting their worksites but after clocking out could potentially face significant liability for violating...more

Seyfarth Shaw LLP

California Supreme Court Attempts To Clarify Issues Of Control

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On March 25, 2024, the California Supreme Court unanimously answered three questions regarding the meaning of "hours worked” that had been certified to it by the Ninth Circuit Court of Appeal. This ruling illuminates what...more

Paul Hastings LLP

California Supreme Court Clarifies Whether Employers Must Pay for Certain Pre-Shift Activities

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In Huerta v. CSI Electrical Contractors, No. S275431 (March 25, 2024), the California Supreme Court issued an important decision relating to whether California employers must pay non-exempt employees for certain pre-shift...more

Fox Rothschild LLP

Is Waiting In Your Car Compensable Working Time? California Supreme Court Will Decide

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I have blogged many times on security check cases and whether that waiting time is compensable. It continues to be a thorny issue and pops up in many jurisdictions. In an interesting variation on this theme, the California...more

CDF Labor Law LLP

Security Checks Gain Renewed Attention

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The California Supreme Court will soon decide if employees must be compensated for time spent waiting in their cars to pass through an employer’s security check. Specifically, the California Supreme Court will decide...more

Proskauer - California Employment Law

Time Spent By Employees In Exit Searches Is Compensable

Frlekin v. Apple, Inc., 2020 WL 5225699 (9th Cir. 2020) - Earlier this year, the California Supreme Court answered a question certified to it by the Ninth Circuit: “Is time spent on the employer’s premises waiting for,...more

Fisher Phillips

Employees Win Latest California Bag Check Case – But Court Leaves One Final Cliffhanger On The Compensability Of Closing Tasks

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The long-fought bag-check battle against Apple is coming to an end, and the employee class just won a major victory in California when a federal court of appeals ruled that the company must pay its workers for the time spent...more

Payne & Fears

Key California Employment Law Cases: February 2020

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Frlekin v. Apple, Inc., -- Cal. -- (2020) - Summary:  The time employees spent on Apple’s premises waiting for and undergoing a mandatory exit search of personal belongings was compensable as “hours worked” under Wage...more

Fox Rothschild LLP

Yes, Waiting In Line To Exit Through Security Is Hours Worked

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A recent ruling confirmed that the time an employee spends waiting in line for a security check is considered “hours worked” in California and must be paid. The California Supreme Court ruling applies even though the...more

Davis Wright Tremaine LLP

California Employees Must Be Paid for Time Spent During Security Checks

Employers must pay their California employees for time spent on the employer’s premises waiting for and undergoing required exit searches of employee’s bags, packages, and other personal items, even if these items were...more

Perkins Coie

California Supreme Court Requires Employers to Pay for Mandatory Exit Searches

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The California Supreme Court recently issued a decision holding that the time spent on an employer’s premises waiting for and undergoing required exit searches is compensable time that must be paid to employees. The decision...more

Downey Brand LLP

California Supreme Court Holds Apple Employees Must Be Compensated for Time Spent Undergoing Exit Searches

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Last week, in Frlekin v. Apple, Inc., the California Supreme Court held that employee exit searches constituted compensable “hours worked” under California law. Under its “Employee Package and Bag Searches” policy, Apple...more

Stokes Wagner

California Supreme Court Rules in Favor of Compensation During Mandatory Employee Exit Searches

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On February 13, 2020, the California Supreme Court issued its opinion in Frlekin v. Apple, Inc., holding that the time employees spend waiting for their bags and other personal belongings to be screened at the end of a...more

Stoel Rives - World of Employment

California Supreme Court Clarifies What Constitutes “Hours Worked” Under California Law

In Amanda Frlekin v. Apple Inc., No. S243805 (Feb. 13, 2020), the California Supreme Court responded to a request by the United States Court of Appeal for the Ninth Circuit to answer the following question...more

Faegre Drinker Biddle & Reath LLP

California Employers: Required Security Screening May Be Compensable Work Time

Employees must be paid for time spent waiting for, and undergoing, searches of their bags, packages and personal technology devices, the California Supreme Court ruled February 13, 2020, in Amanda Frlekin, et al. v Apple,...more

Payne & Fears

California Supreme Court Holds That Time Spent Undergoing Exit Searches Constitutes Compensable "Hours Worked"

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On February 13, 2020, in a unanimous opinion, the California Supreme Court held in Frlekin v. Apple Inc., Case No. S243805, that time spent on an employer's premises waiting for, and undergoing, required exit searches of...more

Epstein Becker & Green

California Supreme Court Holds That Time Spent Waiting by Apple Retail Employees for Exit Searches is Compensable under California...

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It is not unusual for businesses at risk of employee theft to implement security screenings for employees as they exit the employer’s facilities.  Such screenings are especially common in industries where small, costly items...more

Nilan Johnson Lewis PA

California Employers: CA Supreme Court Takes Aim at Wage Laws, Contradicts Federal Law

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California wage laws have taken another alarming departure from federal standards. The highest state court recently held in Frlekin v. Apple that non-exempt employees must be paid for the time their bags and personal...more

Akin Gump Strauss Hauer & Feld LLP

California Supreme Court Holds That Time Employees Spent On Mandatory Exit Inspections Is Compensable

- The California Supreme Court held that time Apple employees spent waiting for and undergoing mandatory security inspections is compensable. - The decision rejects the holding by some lower courts that if employees could...more

Dorsey & Whitney LLP

California Supreme Court Rules that Employees Must be Paid During Mandatory Security Searches

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Employees must be paid for time spent on their employer’s premises waiting for, and undergoing, required searches of bags and other property voluntarily brought to work, according to the California Supreme Court’s ruling...more

Lewitt Hackman

Bad Apple: Employee Searches are Compensable Time

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The California Supreme Court clarified in a highly anticipated decision, that time spent waiting for and undergoing mandatory exit searches of personal items is considered compensable time under California’s Wage Orders....more

Constangy, Brooks, Smith & Prophete, LLP

Security Checks Are Compensable "Work" Time, Court Says

California wage-hour law is tougher on employers than federal law. Last Thursday, in Frlekin v. Apple, Inc., the California Supreme Court unanimously held that employees must be paid for time spent in mandatory, onsite...more

Fisher Phillips

Sound The Alarm: What California’s Latest Bag Check Case Means for You

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In a unanimous decision, the California Supreme Court just held that the time spent by employees waiting for and undergoing security checks of bags and other personal items is compensable time under California law, even when...more

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