HOURS WORKED

Is time spent on an employer’s premises in a personal vehicle waiting to scan an identification badge, have security guards peer into the vehicle and then exit a security gate after a shift compensable as hours worked?

Yes, the employer had sufficient control over them during that time. The employees were not commuting to and from work; they were under the employer’s control. In Frlekin v. Apple, the California Supreme Court ruled that employees waiting for and undergoing security checks at the end of their shifts should be compensated. Therefore, the time spent waiting for and undergoing a company’s exit procedure is considered “hours worked” under California law and must be compensated.

About RickRossignol

Richard Rossignol is the founder and Principal of RTR Consulting Inc. the Human Resources Experts. He is a senior level Human Resources executive with 20 years of experience providing strategic and tactical direction to the Human Resources function. Excels in three key areas; People, Performance, and Profitability. A proven track record of success in Human Resources Management; helping company’s achieve start-up, high growth and change initiatives; as well as managing legal compliance. Before founding RTR Consulting Inc. the Human Resources Experts, Richard spent 20 years leading human resources in both union and non-union environments. His background includes Leadership roles in Human Resources, in a variety of industries, entertainment, manufacturing, hi-tech manufacturing, professional services, and financial services. In addition, to his experience running Human Resources he has provided Human Resources consulting to various industries, entertainment, construction, securities, property management, non-profits, healthcare, higher education and civil engineering. Richard has expertise in all functional areas of HR. He has a track record of developing solid HR infrastructures which attract and retain top talent and performance systems which align employee performance with company objectives. Richard holds a Bachelor of Arts Degree in Political Science from the University of California at Los Angeles and a Professional Designation in Human Resources from University of California at Los Angeles.
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