In Frlekin v. Apple Inc., the Court concluded that time spent on the employer’s premises waiting for, and undergoing, required exit searches of packages, bags, or personal technology devices voluntarily brought to work purely for personal convenience by employees is compensable as hours worked within the meaning of Industrial Welfare Commission wage order No. 7-2001. The Court noted that Apple had a bag-search policy and required all of its retail store employees to undergo exit searches of their bags, purses, backpacks, briefcases, packages and personal Apple technology devices every day, and any time they wish to leave the store.  Compliance with the search policy was mandatory; employees who bring a bag or other carrier to work — or even carry an iPhone in a jacket pocket — must undergo a search before leaving the premises or else be subject to disciplinary action, including termination.  The Court held that this control was sufficient and therefore the time required payment. Moreover, the Court held the ruling was retroactive.

For more information, or if you need legal assistance, please contact the Wagner Legal Group, P.C. at (310) 857-5293 or fill out our contact form on the website.