locking doors, setting alarms, putting away tools, dropping cash into a deposit box, accompanying coworkers to their vehicles, and the like. The holding shouldn’t come as a surprise. The Starbucks decision fits within the broad obligation of California employers to compensate employees for all time the employee is “subject to the control” of the employer. In past years, and especially in the agricultural setting, California employers have had to adapt their practices to account for those minutes when employees are ostensibly under their control, including time spent putting on and taking off required protective gear, and time spent walking from the worksite
to break areas. At issue in several recently filed lawsuits is whether the time spent on employer-provided buses that transport employees to worksites is compensable. California employers have been on the forefront of developing mechanisms to ensure that non-exempt employees get paid for all compensable time, including utilizing advanced timekeeping systems and restructuring job duties to ensure that work is performed while employees are clocked in. Employers would be well-advised to review non-exempt employees’ job duties to determine whether any are performed prior to or after clocking in, and ensure either that such time is compensated and/or that duties are modified so the work T:7.5” B:7.75”
is performed on the clock or by exempt employees. The silver lining is that many of the steps already taken by California employers in addressing these issues will leave them well-armed in the post- Starbucks employment landscape. Christine Samsel (partner) and Sherli Frank (associate) are attorneys with Brownstein Hyatt Farber Schreck. Their expertise includes advising and counseling employers on employment practices and representing them in disputes.
STRONGER YIELDS. PGIM Real Estate Finance’s Agricultural Finance Team brings meticulous care and nurturing to yield success in agricultural financing. With more than 120 years of industry experience, we are focused on building lasting relationships. By listening. Sharing. Understanding. And guiding clients to financial solutions, with competitive products, terms and pricing. Learn more at pgimref.com/agloans
Roseville William Beyer 916-789-4070 Steve Garland 916-789-4026 Fresno Frank Oberti 559-437-3262 Bill Sciacqua 559-437-3265
© 2018 PGIM is the primary asset management business of Prudential Financial, Inc. (PFI). PGIM Real Estate Finance is PGIM’s real estate finance business. Prudential, PGIM, their respective logos as well as the Rock symbol are service marks of PFI and its related entities, registered in many jurisdictions worldwide. PFI of the United States is not affiliated with Prudential plc, a company headquartered in the United Kingdom.
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NOVEMBER | DECEMBER 2018
Western Grower & Shipper | www.wga.com
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