Roxborough, Pomerance, Nye & Adreani, LLP

Catch Roxborough, Pomerance, Nye & Adreani, LLP, Partner Michael Adreani on the Self Insurance Podcast, presented by California Restaurant Mutual Benefit Corp (CRMBC), as he unpacks PAGA's original intent, its challenges today, and offers expert strategies for businesses to navigate its complexities. #PAGA #CaliforniaLaborLaw #WorkerRightsCA #EmploymentLawCA #CAlaborCompliance #PAGAClaims #CALegalUpdate #CAEmploymentLaw

?? California Supreme Court Decision: Pay for Pre and Post Shift Activities ?? The California Supreme Court recently issued its decision in Huerta v. CSI Electrical Contractors, with critical implications for employers statewide. This ruling clarifies the landscape on what activities constitute compensable work time, specifically concerning pre-shift activities and meal periods. Here's what you need to know: Key Takeaways: 1. Security Procedures May be Considered Compensable: ? Vehicle Inspections: Time spent by employees in their personal vehicles, waiting, and undergoing employer-mandated security inspections may be compensable depending on the level of control exercised by the employer during the process. This parallels the Court's earlier stance in Frlekin v. Apple Inc., finding post-shift security checks of an employee’s personal belongings to be compensable time due to the amount of control exercised by the employer during the checks. ? 2. Travel Time on Employer Property: ? General Rule: Driving on employer premises isn't deemed compensable under the "control" test merely due to ordinary workplace rules. Employer-Mandated Travel (Wage Order No. 16): For industries under Wage Order 16, travel time that's required for an employment reason beyond accessing the worksite could be compensable. The key factor is whether the employee's presence is required at a specific location for work-related reasons before heading to their actual jobsite. ? 3. Meal Periods on Employer's Premises: ? Even under a collective bargaining agreement exempting an employer from standard meal period requirements, meal periods are compensable if the employer restricts employees from leaving the premises, affecting their ability to engage in personal activities. ? Implications and Action Items: ? Review Security and Safety Processes: Given the decision, it's time to reevaluate your security and vehicle inspection procedures to ensure they're not inadvertently creating compensable time. ? Assess On-Premises Travel Policies: Clarify travel time policies, especially for businesses covered by Wage Order No. 16, to distinguish between non-compensable commute time and compensable employer-mandated travel. ? Reconsider Meal Period Restrictions: Ensure that any restrictions during meal breaks do not limit employees' ability to use this time freely, in line with the Court's guidance. ???????????????? How We Can Help?? Navigating these changes requires a proactive approach. Our team is on hand to help you review and adjust your policies to ensure compliance with these significant legal developments. ? For personalized assistance or further information, please contact me or: ? Nicholas P. Roxborough: [email protected] Michael Adreani: [email protected] Trevor R. Witt: [email protected] Muhammed T. Hussain: [email protected] Or reach out at ?? 818-992-9999 ? Stay ahead of regulatory shifts with our expert guidance.