CA Supreme Court Publishes "Hours Worked" Decision

Alerts / February 14, 2020

The California Supreme Court has concluded that employees must be compensated for time spent on the employer’s premises waiting for, and undergoing, required exit searches of packages, bags, or personal technology devices. The Court explained that this time is compensable because the employees are under the employer’s control and the searches are being performed for the employer’s benefit. The Court reached this decision applying California law, and the same result would not necessarily be reached under the FLSA.

Employers should therefore review any policies or practices that require employees to perform any “off the clock” or otherwise uncompensated tasks. Key factors identified by the Court as to whether the activities are compensable are the location of the activity, the degree of the employer’s control, whether the activity primarily benefits the employee or employer, and whether the activity is enforced through disciplinary measures.

The Court’s opinion, Frlekin v. Apple, Inc., Case No. S243805, can be accessed here.

Authorship Credit – Joseph Persoff

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