News & Analysis as of

Employment Policies Wage and Hour 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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Holiday Gift for Oregon Employers: Security Screenings Are Not Compensable Absent Contract, Custom, or Practice

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

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 - Law and the Workplace

Pennsylvania Employers Must Pay for Time Spent in Security Screenings

On July 21, 2021, answering a question certified by the United States Court of Appeals for the Sixth Circuit, the Pennsylvania Supreme Court held that time spent by employees waiting to undergo and undergoing mandatory...more

Ballard Spahr LLP

Bag Check Time Compensable Under California Wage and Hour Law

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On March 3, 2021, U.S. District Judge William Alsup of the Northern District of California said he would partially rule in favor of a class of California retail industry workers against Apple, finding those workers were...more

Payne & Fears

[Webinar] Looking Forward to 2021: California Employment Law Updates - December 1st, 9:30 am - 10:30 am PST

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While 2020 has been an incomparable year of change, somethings remain the same. There is never a shortage of onerous new demands on California businesses. Join us for a lively discussion of what you need to know for 2021. We...more

Epstein Becker & Green

Ninth Circuit Concludes That Apple Retail Employees Are Entitled to Summary Judgment on Exit Search Claim

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Many employers with operations in California may already be familiar with Frlekin v. Apple, Inc.  The heavily litigated case, first filed in 2013, involves claims that Apple retail employees are entitled to compensation for...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

Sherman & Howard L.L.C.

Security Screenings At Work: When Is This Time Compensable?

In Aguilar et al. v. Management & Training Corp., 948 F.3d 1270 (10th Cir. 2020), the Tenth Circuit Court of Appeals ruled that the employer of a group of prison detention officers violated the Fair Labor Standards Act...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

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

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