Frlekin v. Apple: California Supreme Court's Decision About the Compensability of Exit Searches for Bags Voluntarily Brought to Work Could Have Broader Implications

In Frlekin v. Apple, Inc., the California Supreme Court will decide the following issue certified to it by the Ninth Circuit Court of Appeals: "Is time spent on the employer's premises waiting for, and undergoing, required exit searches of packages or bags voluntarily brought to work purely for personal convenience by employees compensable as 'hours worked' within the meaning of California [law] . . . ?
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In Frlekin v. Apple, Inc., the California Supreme Court will decide the following issue certified to it by the Ninth Circuit Court of Appeals: "Is time spent on the employer's premises waiting for, and undergoing, required exit searches of packages or bags voluntarily brought to work purely for personal convenience by employees compensable as 'hours worked' within the meaning of California [law] . . . ?

Jana FitzGerald is an associate in the Employment Law practice of Paul Hastings and is based in the firm's San Francisco office. Ms. FitzGerald received her J.D. from the University of Pennsylvania Law School, cum laude, in 2016, where she served as an Articles Editor for the Journal of Constitutional Law and participated in the Supreme Court Clinic. Prior to joining Paul Hastings, Ms. FitzGerald worked as a litigation associate at an international law firm.

Zach Hutton is a member of the Employment Law Department of Paul Hastings. His practice spans all aspects of employment law, including discrimination and harassment, wrongful termination, family and medical leaves, and wage and hour issues. He has successfully represented employers in numerous class actions, individual plaintiff cases, labor arbitrations, and administrative hearings. Mr. Hutton also provides advice and compliance guidance on complex wage and hour issues to clients in a variety of industries.

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