Time entering, exiting, driving, and marooned on campus all compensable

The U.S. 9th Circuit Court of Appeals (whose rulings cover all California employers) had to deal with three novel and complex wage and hour questions and asked the California Supreme Court to provide the answers. Must you pay workers while they are waiting to enter, exit, or drive on the private company road to their workplace? Must union employees be paid for their “unpaid meal break” if they aren’t allowed to leave the premises? The supreme court provided clear guidance.

Long, slow, and protected road to work

The California Flats Solar Project is a solar power facility owned by First Solar Electric, Inc. CSI Electrical Contractors provided “procurement, installation, construction, and testing services” at the site, and a subcontractor hired George Huerta and other workers to assist.

A designated road provided access between a guard shack located at the site’s perimeter and the employee parking lots. A security gate was located on that road several miles from the guard shack. From the security gate, it would take Huerta approximately 10 to 15 minutes to reach the parking lot. He underwent security checks at the security gate and was told by CSI management that this gate was the “first place” he had to be at the beginning of the workday.