Huerta

Huerta v. CSI Electrical Contractors

Good Law
Supreme Court of CaliforniaMarch 25, 2024S275431California10,884 words

Opinion

Opinion

Liu, J.

Opinion of the Court by Liu, J.

Industrial Welfare Commission (IWC) wage order No. 16- 2001 (Wage Order No. 16) governs wages, hours, and working conditions in the construction, drilling, logging, and mining industries. (Cal. Code Regs., tit. 8, § 11160.) It entitles certain employees in these industries to at least minimum wage compensation for “hours worked.” (Id., § 11160, subd. 4(B); see id., § 11160, subd. 2(J).) We granted a request from the United States Court of Appeals for the Ninth Circuit to answer three questions about Wage Order No. 16 and the scope of the term “hours worked.” First: “Is time spent on an employer’s premises in a personal vehicle and waiting to scan an identification badge, have security guards peer into the vehicle, and then exit a Security Gate compensable as ‘hours worked’ within the meaning of . . . Wage Order No. 16?” (Huerta v. CSI Electrical Contractors, Inc. (9th Cir. 2022) 39 F.4th 1176, 1177 (Huerta).) Second: “Is time spent on the employer’s premises in a personal vehicle, driving between the Security Gate and the employee parking lots, while subject to certain rules from the employer, compensable as ‘hours worked’ or as ‘employer-mandated…

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