Security checks in the workplace: Does California Supreme Court case apply in Maine?

Whether it's a lunchbox, laptop case, or briefcase, most people bring a personal bag to work. To deter theft, some brick-and-mortar retailers and warehouses require employees to go through security checks of their personal belongings before leaving for the day. The California Supreme Court recently ruled that employees must be paid for time they spend undergoing such security checks. Although the ruling applies only to companies doing business in California, the court's reasoning may have ramifications for Maine employers. Moreover, the case has attracted widespread attention, and the issues it implicates are on the radar of both government agencies and attorneys.

Facts

Apple requires all retail employees to wear Apple apparel at work but asks that they remove or cover up their company-branded clothing when they leave the store. As a result, nearly all of Apple's retail employees bring personal bags containing a change of clothes to work.

Apple also requires all retail employees to undergo an “exit” search to deter theft when they leave the store. Before leaving, employees must find a manager or a member of the security team to search their belongings. There's no one waiting at the door to conduct the search—it's on employees to locate someone to do the security check.