Do California Employers Have to Pay Employees for Time Spent During Exit Searches?

Under California law, employers are generally required to pay employees for all time spent working, including time spent participating in exit searches. An “exit search” is a search that is conducted as employees leave the workplace to ensure that they are not taking company property or otherwise violating company policies.

California’s labor code section 510 states that employers must compensate employees for all time that is “suffered or permitted” to be worked. The California Supreme Court has interpreted this language to mean that time is “suffered or permitted” to be worked when the employer knows or should know that the employee is working, and the employer does not take steps to prevent the work from being performed. 

In the case of exit searches, if the employer knows or should know that the employee is being searched as they leave the workplace, and the employer does not take steps to prevent the search from being performed, the employer must compensate the employee for the time spent participating in the search. This applies regardless of whether the search is mandatory or voluntary. 

It’s important to note that this does not mean that the employer needs to pay for the entire time the employee spends waiting for the search to be conducted. If the employee is able to engage in personal activities during the wait, like checking their phone or reading a book, the employer is not required to pay for that time.

Connect With An Employment Lawyer If Your Rights Were Violated

In summary, California employers are generally required to pay employees for all time spent working, including time spent participating in exit searches. If the employer knows or should know that the employee is being searched as they leave the workplace and the employer does not take steps to prevent the search from being performed, the employer must compensate the employee for the time spent participating in the search.

When an employer fails to abide by the established laws regarding exit searches, they can be held liable for lost wages. In such a situation, employment lawyers can help employees build a case. Bokhour Law has dedicated employment lawyers ready to work on behalf of employees whose rights have been violated.