Asian Journal- The Filipino-American Community Newspaper

Q: I WORK for a department store as a sales clerk. At the end of each shift, it is mandatory for us to have our supervisors inspect our bags before we leave the store premises. We would be reprimanded or disciplined if we leave without inspection. Usually, I have already clocked out for my 8-hour shift while I wait for the manager to be available to check my bag. I would usually wait anywhere from 15 to 30 minutes before I can get out of the store. This happens almost everyday. Should I be paid for the extra minutes that I waited?

A: Yes. Based on the level of employer control and the benefit the store derived from the extra minutes you spent waiting, you are be entitled to additional compensation. Since you already worked for 8 hours, you are also entitled to overtime pay.

There are work-related tasks that employees do for the employer’s benefit that employees should be additionally compensated. These activities fall within "work time," which is essentially the time an employee spends on activities that are controlled by and for the benefit of the employer. Work time includes all the time that the employee is required to be present at the workplace.

Examples of these activities are:

1) time spent changing clothes or washing on the employer’s premises as compelled by the necessities of the employer’s business;

2) time spent attending training programs, lectures and meetings directly related to the employee’s job and where attendance is mandatory;

3) time spent on intern programs for the benefit of a specific employer;

4) try-out time that includes training that results in productivity for the employer; and

5) reporting time pay where an employee is required to report for work and does report, but is not put to work.

In retail industry, particularly department or grocery stores, employers will require employees to undergo bag inspections before the employees can leave the store premises for breaks or at the end of their shifts. The bag inspections are part of the employer’s loss prevention efforts to stop or discourage internal theft by employees. Although bag checks in and of themselves are not prohibited by California law, it becomes problematic when the bag checks consume a significant amount of the employee’s own personal time.