January/February 2020 Legal Update

Pooja S. Nair, a partner at Ervin Cohen & Jessup LLP compiles recent legal news affecting the restaurant, food and beverage and hospitality industries for Modern Restaurant Management (MRM) magazine.LitigationCalifornia Supreme Court Defines Hours Worked: On February 13, 2020, the California Supreme Court interpreted what “hours worked” means under California law in an employment case involving Apple that may have repercussions in the restaurant industry. The California wage order at issue defined as “the time during which an employee is subject to the control of an employer and includes all the time the employee is suffered or permitted to work, whether or not required to do so.” 

Apple store employees filed a class-action lawsuit against the company because they were required to submit to searches for Apple products in their belongings before leaving the stores but were not compensated for the time those searches required. The 9th Circuit Court of Appeals asked the…