CA Supreme Court Rules Employees Must Be Compensated For Bag Checks Featured

  18 February 2020

On February 13, 2020, in a unanimous decision, the California Supreme Court ruled that Apple, Inc. must pay its employees for time spent waiting for, and having a security check, of their personnel bags brought into the workplace (Frlekin v. Apple, Inc.).

Apple argued that since employees are not required to bring personnel bags to work, but may choose to do so for personal items, the time spent for the security check is not compensable. However, the court disagreed holding that the search time counts as work time because the employees are under their employer’s “control,” as that term is used in California’s Wage Order No. 7. The court applied a new multi-factor test as to whether “onsite employer-controlled activities” must be compensated as “hours worked.” Under the new multi-factor factor test, “employee choice” is one of several issues to consider in determining whether the employee is subject to employer control for an activity and thus owed wages for the time. Additional criteria to consider in evaluating employer-controlled activity include: (1) the location of the activity; (2) the degree of the employer’s control; (3) whether the activity primarily benefits the employee or employer; (4) whether the activity is enforced through disciplinary measures.  Read more here.

 

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