Should an employee be paid for time spent undergoing a security check? This is the question asked in a recent class action lawsuit filed by California Apple employees. The wage disputes are a result of the significant amount of time that some employees spend waiting for security checks off the clock. The courts have not yet come to a consensus on the issue.
An Apple employee must undergo a security check every time he or she leaves work if they choose to bring any type of bag with them. If an employee chooses not to bring a purse or briefcase, they are exempt from the post-work security searches. Apple claims that the check is not a mandatory policy, since employees can choose not to bring bags, and the company does not compensate employees for their time spent waiting for and undergoing the security checks.
A class-action lawsuit brought by the employees seeks reimbursement for time spent getting searched. A federal judge initially ruled that employees were not entitled to lost wages, and the ruling was appealed. The appeals court referred the case to the California Supreme Court for review.
The case can have significant impacts for retail workers of many corporations. Other California employees undergo similar checks, and as recently as 2014, the U.S. Supreme Court ruled that employees were not entitled to be paid for time spent in security lines at an Amazon facility in Nevada. Employee advocates feel that any mandatory portion of a workday should be paid. Individuals experiencing similar issues regarding wage disputes can contact a legal professional for guidance on employment law issues.
Source: arstechnica.com, “Lawsuit revived over Apple retail workers’ pay during security checks“, David Kravets, Aug. 17, 2017