Alerts

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

Baker & Hostetler LLP publications are intended to inform our clients and other friends of the firm about current legal developments of general interest. They should not be construed as legal advice, and readers should not act upon the information contained in these publications without professional counsel. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you written information about our qualifications and experience.