Wednesday, February 26, 2020

California's Compensable Time

 

In a unanimous decision, the California Supreme Court held that the time spent by employees waiting for and undergoing security checks of bags and other personal items is compensable time under California law, even when the policy applies only to employees who choose to bring personal items to work.
California has traditionally provided greater protection to working employees. Federal law has determined that the time employees spend going through security checks is not part of their workday.
California law requires employees to be compensated not only when they are working but 
when they are subject to the employer's control.
The court ruled that the time is compensable if a # of factors are in play:
mandatory nature of the activity, location of the activity, degree of the employer's control, whether the activity primarily benefits the employee or employer and whether the activity is enforced through disciplinary measures.
This case has many ramifications. It provides a key for evaluating other compensable time under CA law

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