In Friekin v. Apple, the California Supreme Court has imposed yet another wage-and-hour obligation on California employers.  In this instance, the Court was answering a question about California law posed by the federal 9th Circuit Court of Appeals.  The California Supreme Court sided unanimously with Chief Justice Tani Gorre Cantil-Sakauye that time spent by employees to exit the premises while being searched by security or senior management should be considered compensable time under California law.

The plaintiff filed suit claiming that she and other Apple retail employees were wrongly forced to clock out before undergoing a search of bags, purses, backpacks, and personal Apple devices.  The plaintiff estimated these searches took anywhere from five to twenty minutes, but could last as long as 45 minutes on busy days.  Chief Justice Cantil-Sakauye wrote that long-standing California law (“established more than a century ago”) requires employers to pay employees at least the minimum wage for all hours worked.  California law defines “hours worked” as “the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered to permitted to work, whether required to do so or not.”  The court found that Apple exercised control of employees not permitted to leave the premises until the search was completed.  The court rejected Apple’s argument that employees could avoid the search and thus avoid control by their employer by not bringing items like bags that were subject to search in the workplace.

Friekin v. Apple clearly illustrates that California law will be interpreted and applied to protect employees in all situations.  As a result, agricultural employers should take care to understand that all activities undertaken at the employer’s direction or behest, or simply tolerated by the employer or of which the employer may not be aware (i.e. being “suffered or permitted to work”) will be considered time worked that must be compensated.  In an ag context, this might include donning and doffing personal protective equipment, preparing or sharpening tools, gathering and organization tools and equipment, stretching and exercising during or after work and similar activities.

If you have questions or comments, please call FELS at 800-753-9073 or email us at fels@fels.net.