The California Supreme Court held that under California law, time employees spend in mandatory security screenings counts as “hours worked” and must be paid because employees are subject to the control of employers during such time.1

In that case, the employer required retail store workers to undergo security searches when they left work with a bag, purse, backpack, briefcase or one of the employer's products. The searches were done after employees clocked out for the day and could take 5 to 15 minutes. The employer conducted the searches to ensure employees did not take any of their products.

The court held that the employer exercised sufficient control over its employees during the security screenings such that the time spent constituted “hours worked” because the employer:

• Required its employees to comply with the search under threat of discipline;
• Confined its employees to the premises while waiting to undergo the search; and
• Required its employees to perform specific tasks during the search such as opening the bags and removing contents.

Although this case was decided under the language of Industrial Welfare Commission Wage Order No. 7, it is likely its principles will be applied throughout different industries.

In another case, the California Supreme Court held that employees waiting in their personal vehicles while undergoing a mandatory security check before leaving the employer's premises were under sufficient employer control and should be compensated for the time as “hours worked.” 2

Employees drove their personal vehicles to the worksite and passed through a security gate, where they had to undergo security checks. Employees were not paid for the time spent waiting at the security gate and undergoing the security checks.

The court found the employer exercised sufficient control over employees at the security gate during the exit screenings because employees were confined to the worksite in their vehicles while waiting for their turn, and were required to perform specific tasks, such as waiting in their vehicles in line, rolling down their windows to present security badges and remaining at the gate for enough time to allow security to visually inspect various parts of their vehicles. As such, the time is considered “hours worked” under California law and must be paid.

• If you require employees to submit to security checks or screenings, ensure that employees are on the clock and paid for the time.

1. Frlekin v. Apple, Inc., 8 Cal.5th 1038 (2020)