On March 25, 2024, the California
Supreme Court ruled that time employees spent awaiting and during exit security
procedures was compensable as “hours worked” because the time was subject to an
employer's control. Huerta v. CSI Elec. Contractors, No. S275431, (Mar.
25, 2024) 2024 WL 1245291. The employer
required security checks of vehicles prior to beginning work each day and upon
leaving. The checks caused delays of up to 30 minutes.
The Court also provided guidance
regarding on-duty meal periods, holding that employees must be paid at least
minimum wage for “on-duty” meal periods when they can’t leave the premises.
However, the Court also held that an inability to leave the premises did not
render the meal period on-duty if they are otherwise free to spend the time as
they choose.
The Ninth Circuit Court of
Appeals certified these questions to the California Supreme Court about the wage
order governing wages, hours, and working conditions in the construction,
drilling, logging, and mining industries and the scope of the term “hours
worked.”
This important ruling confirmed
that under California wage and hour laws, non-exempt employees must also be
paid for employer mandated pre and post shift activities. This ruling comports with FLSA requirements
that pre and post shift activities must be compensated where they are integral
and indispensable to their work.
While largely not applicable to
public safety employees, this ruling reinforces similar off-the-clock claims of
law enforcement officers and firefighters. For example, in Ketchum v. City
of Vallejo, 523 F. Supp. 2d 1150, 1161 (E.D. Cal. 2007), our firm obtained
a ruling that time spent by mounted officers preparing their horses and
equipment, including time spent traveling to pick-up their horses prior to and
after deployments, were compensable activities which were integral and
indispensable to officers' law enforcement duties.
Click here to read the California Supreme Court’s Opinion referenced above.
