Frlekin v. Apple

• Court: Supreme Court of California
• Issue: Employment
• Status: Pending

Question Presented:

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 Industrial Welfare Commission Wage Order No. 7?

RLC's Position:

The Retail Litigation Center filed an amicus brief, which was joined by the National Retail Federation, in support of Apple. The brief overviews the meaning of “work” and concludes that the time that an employee spends undergoing the bag check, which is in response to the employee’s voluntary decision to bring a bag onto the premises, does not constitute work. If the employer does not require an employee to bring a bag, then any waiting time an employee spends undergoing an exit bag check is not compensable.  

Case Outcome: TBD

Procedural History & Case Documents

• Request for certification from the U.S. Court of Appeals for the Ninth Circuit filed August 2017
• ​Request granted August 2017
• Opening brief filed December 2017
• Answer brief filed March 2018
• Reply brief filed June 2018

Please use the DOWNLOAD button below to access the RLC's Brief.