Calif. rule on paying for time spent on security checks more generous than federal law — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Calif. rule on paying for time spent on security checks more generous than federal law

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About a year ago, the U.S. Supreme Court rules that under the Fair Labor Standards Act (FLSA), time spent waiting for security checks after the end of a shift were not compensable minutes. That case involved Amazon warehouse workers whose bags the retailer wanted checked for thievery.

California, however, has greater worker protections built into its version of the FLSA. That’s why a group of Apple store employees brought a suit over their own wait time at the end of their shifts, seeking compensation despite the Supreme Court decision.

Recent case: Apple retail store employees often own Apple products and bring them to work. Concerned about theft, the company wanted to check bags as employees left the store.

It published a rule that allowed the devices, but required security checks of any bags brought into the store at the beginning of a shift. Employees who didn’t bring purses, backpacks or other bags weren’t required to undergo security screenings, but others were. The checks were conducted after clocking out.

Several employees sued, arguing that they should be paid for time spent in line.

The court said that because employees could opt to leave bags and devices at home, it was their choice to undergo security checks, making the time unpaid. They could merely have left the technology and any bags at home to avoid the lines. Had they not had the choice and had everyone been checked, the result may have been different. (Friekin v. Apple, 13-0345113, ND CA, 2015)

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