How long do security checks take at work? Depending on the size and nature of your company, it can take anywhere between a few minutes to as long as half an hour or more. Does this time count toward the hours you should be paid for? This question has evoked controversy and debate for more than a decade.
Notably, Apple, one of the biggest tech companies in the world today, has been embroiled in decades of litigation in the courts with its employees regarding this matter. The Ninth US Court of Appeals finally put the matter to rest in October 2020, ordering the company to compensate up to 12,000 employees in California for time taken undergoing mandatory screening at work. Keep reading for more information.
Facts of the Case
The court ruled that the time employees spent undergoing mandatory security checks, which could stretch up to 45 minutes on busy days, constitutes compensable work time under California labor laws.
Previously, Apple required staff to check out before going through security screenings, which means that this time was still spent at work, and they were not getting compensated for it.
The Ninth Circuit court noted that these checks were conducted on employer property and were compulsory, meaning no worker could avoid them without significant inconvenience. It specifically pointed to a key California Law, the Industrial Welfare Commission Wage Order No. 7, which defines hours worked as any time that workers are under their employer’s control.
Reversal of the 2015 Ruling
In 2015, the US District Court for the Northern District of California dismissed this very case, siding with Apple. It argued that the time spent undergoing these security checks was not compensable because this did not constitute a principal activity of the plaintiff’s jobs. Undeterred, the workers appealed the decision, and this case gained renewed attention in the years following the 2015 dismissal.
Specifically, one key development brought renewed attention to the case in 2020 when the California Supreme Court operated clarification on state labor laws, which were different from federal laws. Without going into too much detail, the court ruled that time spent undergoing mandatory security checks should be compensated. After this ruling, Apple agreed to settle the lawsuit for $29.9 million.
What this means for employers and their employees
For US employers, it calls for a need to reevaluate off-the-clock activities like security screenings and mandatory pre-and post-shift activities that fall under compensable work hours under state and federal laws. To prevent costly disputes, businesses should enact internal policies to ensure workers are paid for all tasks, even time spent on company premises doing mandatory tasks that may not be work-related. It is advisable to consult with a qualified and experienced labor attorney, especially one who is conversant with state and federal laws like the FLSA. They will ensure your company procedures are in line with these requirements.
“For workers, this case sets a clear precedent that time spent on mandatory activities that the boss controls is compensable,” says overtime lawyer Michael Lore. For this reason, it’s important to be conversant with laws like the California Labor Code and the Fair Labor Standards Act. It demonstrates the power of addressing workplace grievances collectively, just like the 12,000 Apple workers involved in the case. As such, you are well within your right to demand fair treatment without fear of retaliation.
Conclusion
Back in 2015, Apple employers sued their employer for compensation for time spent undergoing mandatory security checks. A California court threw out the case, arguing that this time did not constitute a core work activity, and hence it could not be compensated. Workers appealed this decision, and the case dragged through the system for years. Eventually, the California Supreme court ruled that this time should be compensated because security checks happen on the company premises under the company’s control. What’s more, the only way for workers to avoid these checks was to avoid bringing personal belongings to work, which would be an inconvenience.
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