Employment Litigation · Primary-source case analysis

Frlekin: Mandatory Exit Searches Are Compensable Work Time

By Aneeta Mishra and Timothy Chan

Published September 13, 2026

Frlekin v. Apple Inc. applies California’s control test to off-the-clock security screening conducted on the employer’s premises after employees clocked out.

Apple required searches after clock-out

Apple retail employees who brought bags, packages, or personal Apple devices to work had to wait for a manager or security employee and undergo an exit search after clocking out. Violations of the policy could lead to discipline.

Employer control governed the analysis

California wage law treats time as compensable when an employee is subject to the employer’s control. Apple dictated the search procedure, required employees to remain on the premises, and used the process primarily to protect its own interests.

The choice to bring a bag was not dispositive

The Court rejected the view that employees avoided compensation because they could choose not to bring personal items. The practical realities of modern life and the employer’s extensive control over those who did bring items made the search time compensable.

The ruling applied retroactively

The Court answered the Ninth Circuit’s certified question and held that the time was compensable under the Wage Orders. It also declined Apple’s request for prospective-only application, leaving calculation and other issues for later proceedings.

Key takeaways

• Map every required activity occurring before clock-in or after clock-out.
• Measure employer control, location, discipline, and business purpose.
• Do not rely solely on labeling personal-item possession as voluntary.
• Build reliable records of waiting and screening time.