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One to Keep An Eye On: Frlekin v. Apple, United States District Court, Northern District of California


As with many employment and labor law related cases that are being litigated around the country, there are always a few that stand out.  This is one to keep an eye on.


Facts:  Plaintiffs, Amanda Frlekin, Taylor Kalin, Aaron Gregoroff, Seth Dowling, and Debra Speicher, filed a suit against Apple on behalf of themselves and over 12,400 current and former Apple retail store workers from 52 California locations on the grounds that they should be compensated for time spent in security screenings after leaving work.

The Main Issue:  Is the time that an employee spends in a security screening line after leaving work for the day, and after having already clocked out, compensable time?

Current Status:  On July 16, 2015, the Court approved the Plaintiffs' motion to certify the class. 

Looking Ahead:  For those that may remember, the United States Supreme Court ruled on a similar case late last year and held that time that employees spent in security screenings after leaving work was not compensable time under the Fair Labor Standards Act.  (Integrity Staffing Solutions, Inc. v. Busk - United States Supreme Court).  As well, the United States Supreme Court held back in January 2014 that time that employees spent changing in and out of protective clothing for work related activities was also not compensable time under the Fair Labor Standards Act.  (Sandifer v. United States Steel - United States Supreme Court).  

Given that this case involves California caselaw (and could be appealed to the Ninth Circuit Court of Appeals), gives me some reason to pause.  In Integrity Staffing Solutions, the Ninth Circuit held that activities become compensable if they are done for the employer's benefit.  In that case, the Ninth Circuit held the security screenings were for the employer's benefit.  That is the same instance here.  My guess is, should this case reach the Ninth Circuit, it is probable they would reach the same conclusion.

However, this case is still at the trial court level.  Assuming this District Court follows California caselaw and the holdings from recent Supreme Court cases, I would expect Apple to likely prevail at this stage of litigation.


For additional information:  http://www.natlawreview.com/article/apple-amazon-and-wage-payment-issues-arising-employee-security-screenings

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