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California Supreme Court Requires Employers to Pay Workers for Bag Searches

By Holly Wheeler & Sarah S. Healey
February 20, 2020
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The California Supreme Court (“Court”) recently ruled that Apple, Inc. is required to pay its workers for time spent waiting for and undergoing security screenings before leaving the workplace.  The Court found that the company’s policy requiring employees to clock out before undergoing two daily bag checks added up to approximately 90 minutes of unpaid work per week and was illegal.

Apple employees are required to go through a security bag check every time they leave the store to detect and prohibit theft.  The search can range from five to 45 minutes, depending on the availability of security guards and number of employees trying to leave.  If the bag contains personal technology, the device must be verified as belonging to the employee.  California law requires employers to pay their employees for all “hours worked.”  The Court determined that time spent waiting for and undergoing those required searches of personal bags is compensable by state law.

The ruling will have economical and practical impacts on California employers.  In order to mitigate the effects, employers will need to make any bag checks as expeditious and efficient as possible or consider removing them altogether.  Employers could also offer off-site storage for personal items to eliminate bringing bags into work or set a size limit on items brought to work.  Similar to airport and sports events security checks, employers could require employees to use clear bags for easier searches.

Stay tuned!

Photo of Holly Wheeler Holly Wheeler

Holly G. Wheeler is an associate in Carmody Torrance Sandak & Hennessey’s Business Services and Labor and Employment groups. Holly’s practice focuses primarily on assisting businesses in all aspects of their operations including entity formation, mergers and acquisitions, and corporate governance.

Read more about Holly WheelerEmail
Photo of Sarah S. Healey Sarah S. Healey

Sarah S. Healey has represented clients in a range of matters involving, for example, claims of employment discrimination, harassment and retaliation, wrongful discharge, breach of contract and fiduciary duty, defamation, unfair trade practices, and misappropriation of trade secrets in federal and state court.

Sarah S. Healey has represented clients in a range of matters involving, for example, claims of employment discrimination, harassment and retaliation, wrongful discharge, breach of contract and fiduciary duty, defamation, unfair trade practices, and misappropriation of trade secrets in federal and state court. Sarah also regularly defends employers before administrative agencies such as the Equal Employment Opportunity Commission and the Commission on Human Rights and Opportunities. Sarah frequently presents on current labor and employment law issues. She also conducts management training for all employers on topics including harassment prevention and performance management, leaves of absence, accommodating employees with disabilities, and wag and hour compliance.

Read more about Sarah S. HealeyEmail
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  • Posted in:
    Employment & Labor
  • Blog:
    Carmody @ Work
  • Organization:
    Carmody Torrance Sandak & Hennessey LLP
  • Article: View Original Source

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