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ARTICLE · 28 SEPTEMBER 2010

Staffing Client Interview Pay Issue Spreads in California

Littler Mendelson
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Staffing firm clients in California should take note of a possible trend by plaintiffs' counsel seeking payment for time temporary employees spend interviewing for potential placement with clients.

United StatesEmployment and HR
Littler Mendelson, P.C.
Littler Mendelson, P.C.
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Staffing firm clients in California should take note of a possible trend by plaintiffs' counsel seeking payment for time temporary employees spend interviewing for potential placement with clients.

The Class Actions

A new California class action, Gore v. AB\\TI Inc., et al, No. BC443878 (Cal. Super. Ct. filed Aug. 30, 2010), has been filed under California's wage payment law for the failure of a staffing firm to pay temporary employees for time spent interviewing with clients.

In a similar ongoing suit, Sullivan v. Kelly Services, No. C 08-3893 CW (N.D. Cal. 2009), a federal judge in California ruled last year that temporary employees' client interview time (but not their commuting expenses or time for preparation and travel) was time worked for which wages must be paid under California law. The case is currently pending. Confirmation or rejection of that seminal ruling as governing law by higher courts may take a long time, but at least one plaintiff's lawyer

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