Employment Law Now IV-55 – Six Significant Developments to be On Your Radar
Is an employee compensable for time spent on waiting and exit searches as "hours worked," even after clocking out? Per the California Supreme Court, it depends on the level of the employer's control over its employees....more
On March 10, 2023, a unanimous three-judge panel upheld an Oregon federal court’s ruling that time Amazon employees spent undergoing mandatory security screenings before and after work shifts and off-premises meal breaks was...more
Frlekin v. Apple, Inc., -- Cal. -- (2020) - Summary: The time employees spent on Apple’s premises waiting for and undergoing a mandatory exit search of personal belongings was compensable as “hours worked” under Wage...more
Employees must be paid for time spent on their employer’s premises waiting for, and undergoing, required searches of bags and other property voluntarily brought to work, according to the California Supreme Court’s ruling...more
The California Supreme Court clarified in a highly anticipated decision, that time spent waiting for and undergoing mandatory exit searches of personal items is considered compensable time under California’s Wage Orders....more
What is working time? There are many variations on this theme, some far grayer than others. When does waiting time become working time? Is the employee engaged to be waiting or waiting to be engaged? If the former, then it is...more
Seyfarth Synopsis: A recent court decision credited Nike’s time and motion study showing employees spent mere seconds of time in off-the-clock bag checks, finding the checks to be too trivial and difficult to capture to...more
Free Choice Tanks Plaintiffs’ Claims - Just last year, the Supreme Court held in Integrity Staffing Solutions, Inc. v. Busk, 135 S. Ct. 513 (2014) that employees working at an Amazon.com warehouse were not entitled to...more
In a welcome decision for retailers, a federal district court in California, after granting the plaintiffs’ motion for class certification, granted Apple’s motion for summary judgment against the class, holding the time that...more
U.S. Supreme Court Permits Narrow Review of EEOC Conciliation Process - Why it matters: The U.S. Supreme Court handed a victory—albeit limited—to employers when it determined that courts may consider the...more
Dear Retail Clients and Friends, In 2014, employees across the United States filed dozens of lawsuits under both the federal Fair Labor Standards Act (FLSA or the Act) and state law alleging that they and the classes of...more
Yesterday, the U.S. Supreme Court unanimously held that Amazon does not have to pay its temporary warehouse workers for the time that they spend waiting in line to go through security checks as they leave the facilities. The...more