A Delta Sky Club employee at Los Angeles International Airport (LAX) has filed a class action lawsuit seeking payment for time spent waiting in TSA security lines before clocking in. The suit targets Compass Group USA, the lounge’s food service provider, and also names Delta Air Lines as a “joint employer.” While the legal argument centers on California wage laws requiring compensation for time under an employer’s control, experts doubt the case has strong footing.
The Core Argument: “Hours Worked” Under California Law
The lawsuit argues that pre-shift time spent in TSA security constitutes “hours worked” under California labor standards. This theory draws on a 2015 California Supreme Court ruling (Frlekin v. Apple ) that employer-required exit searches on company premises are compensable. The reasoning is that mandatory TSA screening before accessing the work site places employees under the employer’s control during that time.
However, California law doesn’t just require any mandatory security; it demands a specific level of employer control. The 2018 Huerta v. CSI Electrical Contractors decision clarified that compensability hinges on whether the employer directs, administers, and controls the screening process – not simply that it’s required.
Why This Case Is Unlikely To Succeed
TSA screening fails to meet those criteria. The concession operator (Compass) does not manage airport security, dictate wait times, or oversee the screening procedures. They cannot waive or alter the process, meaning they lack the necessary control for the time to be considered compensable “hours worked.”
This issue has already been litigated in California. A similar claim in Cazares v. Host International (regarding an LAX Admirals Club) was dismissed by the Ninth Circuit because the employer had no influence over the screening process, which is government-mandated, not employer-imposed. The court ruled that the employer is only responsible for employees leaving the lounge itself, not the entire secured airport area.
Joint Employer Claim Against Delta: A Stretch
Suing Delta as a “joint employer” is also a weak strategy. While Delta sets quality standards for the Sky Club, it doesn’t directly supervise employees or manage daily operations. Compass handles time cards and scheduling. Delta benefits from the lounge’s work, but its control is contractual, not at the employee level. Including Delta in the suit is likely to secure a deeper pocket but doesn’t reflect actual employer-employee oversight.
California Employment Law: A Unique Landscape
California’s employment laws are notoriously complex, and this case illustrates why employers hesitate to operate there. The state’s legal precedents, while unique, don’t support this specific class action claim. The legal system has even upheld workers’ compensation claims for bizarre workplace injuries, as evidenced by one anecdote of a mechanic successfully claiming an STD as a workplace hazard.
The lawsuit may proceed, but it faces significant hurdles under existing precedent. The key to success would require proving the employer directly mandated or controlled the TSA security process, not merely that it exists.
