California Employment News: Can Pre- and Post-Shift Activities Be Compensated (Podcast)
California Employment News: Can Pre- and Post-Shift Activities Be Compensated
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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
There have been a number of cases, in different jurisdictions, involving whether time spent undergoing security checks is compensable time. One issue involved is whether the activity is for the benefit of the employer and if...more
At the request of the 9th Circuit, the California Supreme Court recently clarified the definition of “hours worked” under the Labor Code. In Huerta v. CSI Electrical Contractors, the employees worked at a solar power...more
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
In its recent opinion in Huerta v. CSI Electrical Contractors, the California Supreme Court addressed three inquiries posed by the 9th Circuit. These inquiries specifically relate to the definition of “hours worked” within...more
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
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
On Monday, the California Supreme Court issued its opinion in Huerta v. CSI Electrical Contractors Inc., answering three questions about the scope of the term “hours worked” in Wage Order No. 16. While Wage Order No.16...more
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
On December 15, 2022, the Oregon Supreme Court gave employers important clarity regarding compensable work time in Buero v. Amazon.com Services, Inc. The plaintiff in Buero, a warehouse employee, claimed that Amazon had...more
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
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
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
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
Frlekin v. Apple Inc., 2020 WL 727813 (Cal. S. Ct. 2020) - In this opinion, the California Supreme Court answered a question certified to it by the United States Court of Appeals for the Ninth Circuit: “Is time spent on...more
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
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
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
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
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
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
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
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
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
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