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Employees in Construction Industry Entitled to Compensation for Time Spent Complying with Employer-Mandated Security Protocols

Construction workers looking at plans

CSI Electrical Contractors was hired to provide procurement, installation, construction and testing services at a large 280 megawatt privately-owned solar power facility.

August 19, 2024
Garret Murai - California Construction Law Blog

Wage and hour laws dictating how employers must compensate their employees for time worked can, given the innumerable ways that employees perform their jobs, raise a number of questions. The next case, Huerta v. CSI Electrical Contractors, 15 Cal.5th 908 (2024) – which I won’t spend a lot of time discussing since I think it applies in somewhat limited situations – addresses whether employees are entitled to be paid while waiting to enter and exit worksites and for meal periods when they are not allowed to exit a worksite.

The Huerta Case
The 9th Circuit Court of Appeals requested that the California Supreme Court address three questions related to whether employees should be compensated under California wage and hour laws for time spent waiting to enter and exit worksites and for meal periods when they are not allowed to exit a worksite:

  1. Whether employees should be paid for time spent waiting in a personal vehicle to be scanned in and out of a worksite;
  2. Whether employees should be paid for time spent traveling in a personal vehicle from a security gate to employee parking lots; and
  3. Whether employees should be paid during meal periods if they are not permitted to leave a worksite.

Mr. Murai may be contacted at gmurai@nomosllp.com