Compliance Spotlight: Getting Paid for Waiting in Line

A recent California Supreme Court decision has significantly shifted what constitutes "hours worked" and, by extension, compensable time for your employees. This decision impacts how employees are paid on all projects that contain a security gate… to access the designated work site, such as at refineries, airports, military bases, government laboratories, restricted utility areas, etc.  

Until recently, it could be argued that an employee’s workday started when they arrived at the designated work site location at the time they were directed to report. However, under the Huerta v. CSI decision, the CA Supreme Court decided, for instance, that any time spent going through a security check point to enter or exit a work location is viewed as compensable. Similarly, the Court ruled that certain types of travel time within a jobsite, such as from a security gate to a parking lot or designated work area, is also compensable.  

Here is a summary of the key court findings that may trigger additional compensation owed to your employees:  

Time Spent Going Through Security Checkpoints: If your employees are required to undergo security checks at the start or end of their workday—such as vehicle inspections or ID badge scans—this time is now recognized as being under the employer’s control. Therefore, it should be compensated. This includes time spent waiting in line for these checks.  

Travel Between Worksite Locations: Travel time within the worksite, for example, from a security gate to a parking lot or specific work site, when dictated by the employer, is considered compensable work time. This decision is based on the principle that the employee is performing an activity at the employer's request.  

Meal Periods Mandated to Occur at the Work Premises: If employees are required to stay on premises during meal periods without being allowed to leave, they must be additionally compensated. This requirement arguably applies regardless of collective bargaining agreement provisions on the subject.  

The CA Supreme Court's interpretation is already in effect, so it’s advisable to review all job sites to determine which have security check point procedures that may trigger additional compensation. It is also advisable to review job site entry, on-site travel, and exit procedures to determine where it may be possible to limit your exposure and the need for additional compensation. We recommend the following:  

• Reevaluate Security Procedures: Where possible, consider the necessity of each security measure and its impact on employee time. Communicate with the prime or the owner of the project on how to potentially reduce or eliminate time-consuming security checks.  

• Minimize On-Site Travel: To the best degree possible, limit the amount of time and distance covered by employees to pass through security or park and get to the work site.  

• Allow Employees to Leave the Jobsite for Meal Periods: When the jobsite and all other factors of the project permit, ensure that your policies do not restrict employees from leaving the worksite during unpaid meal breaks. It’s now even more important to also advise your employees of this right to avoid potential legal claims and liability. However, if your employees are restricted or prohibited from leaving the job site during meal periods, it’s advisable to connect with your legal counsel or UCON to determine what additional compensation may be owed.  

For more information and a more thorough analysis of the Huerta decision, read UCON's legal counsel’s legal review here. 

As always, you can reach out to your preferred UCON team member or UCON’s Labor & Member Services Team for any additional questions or assistance at laborteam@unitedcontractors.org or (925) 855-7900.