One continuously evolving area of wage and hour law is “when did the employee start working?”  According to the FLSA, employers must pay their employees for all hours worked.  The FLSA, however, does not define the term “work,” leaving the question of “what constitutes hours worked” unanswered.  The issues of whether time spent commuting, changing into uniforms or putting on safety equiptment, undergoing security screenings, and loading equipment are left for the courts.  Although one might assume these issues are limited to certain industries, just last week, a former Apple retail employee alleged that the company violated  wage and hour laws by failing to pay hourly workers for time they spent waiting to clock in each day, check electronic devices in and out, and undergo bag searches after each shift.

The claim alleged that workers typically arrive 15 minutes early because they are required to wait in line to clock into the time tracking software used by Apple.  On days when the company launches new items, the claimant alleged that the wait time could reach up to 30 minutes because of clock-in lines.

The complaint continued…at the start of their shifts, employees are required to “check out” company devices for use during their shifts.  Before employees leave, either for breaks or at the end of their shifts, they must check back in those devices.  The complainant alleged that the wait time for checking in the devices could take up to 45 minutes.  Lastly, the claimant alleged that Apple has a policy that subjects employees to bag searches before they leave the store.  According to the claim, the search occurs after employees clock out and check in their devices, and require employees to wait in line “for at least 10-15 minutes each day.”

The wage and hour question is: should employees be paid for this time?  This should be an interesting case to follow since it is brought by a retail employee in the technology field.  In the meantime, employers should consider the impact of their check-in requirements and time reporting systems, to minimize the risks of a wage and hour claim.

The case is: (Kalin v. Apple, Inc., N.D. Cal., No. 13-04727, complaint filed 10/10/13).