Anyone who has ever waited more than five minutes to go through security at the airport can surely empathize. According to Michael Kun and Michael Thompson of Epstein Becker & Green, in recent years employees have been suing employers for time spent in security screenings once they are off duty. Just this week, a case against Apple Inc. was dismissed by U.S. District Judge William Alsup in California for the practice. The judge concluded that the bag searches didn’t constitute a duty of the job because they could be avoided if the employees simply didn’t bring bags to work.
“To prove that they were subject to the control of Apple during the back checks, the plaintiffs had to show that: Apple restrained their actions during the bag checks and the plaintiffs could not choose to avoid the activity,” say Kun and Thompson. The judge determined that the first element was met when a worker who wanted to leave the store with a bag had to stand in line. But the second element wasn’t because the security lines could be avoided by not bringing a bag.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
