We check bags on the way out but staff clock out first. Is that OK?
No. Time spent waiting for and undergoing an employer-required bag or device check is hours worked in California, because the employee remains under your control the whole time. Running the check after the punch converts it into unpaid time — the fix is to run it before.
This came up in litigation over a retailer that searched staff bags at the exit, after clocking out. Waits ranged from a few minutes to nearly half an hour depending on whether a manager was free.
The test is control, not effort. Someone who cannot leave, must wait, and must submit to a search is being directed by the employer, and that is hours worked whether or not they are producing anything.
Federal law came out the other way on airport-style security screening, which is why this catches employers who operate in several states. That federal answer does not govern a California wage claim.
Moving the check ahead of the punch solves it completely and costs nothing. Everything else — shortening the wait, adding managers — reduces the exposure without removing it.
Last reviewed 2026-08-09. Informational only — not legal advice. California rules change; confirm against the current source before acting.