Exit Searches Constitute Hours Worked, but De Minimis Question Remains

November 12, 2020 | From HRCalifornia Extra

by Michelle Galbraith, J.D.; HR Adviser, CalChamber

After more than seven years and multiple federal and state court rulings, the saga of Apple, Inc.’s exit search policy continues.

In an October amendment to its September ruling that time spent in exit searches constituted hours worked, the Ninth Circuit Court of Appeals held that Apple can pursue its claim that exit search time is so de minimis as to be non-compensable (Frlekin v. Apple, Inc., No. 15-17382 (Amended October 29, 2020)).

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