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FRLEKIN v. APPLE INC.

No. S243805.

8 Cal.5th 1038 (2020)

AMANDA FRLEKIN et al., Plaintiffs and Appellants, v. APPLE INC., Defendant and Respondent.

Supreme Court of California.

February 13, 2020.

Attorney(s) appearing for the Case

The Kralowec Law Group, Kralowec Law, Kimberly A. Kralowec , Kathleen S. Rogers ; McLaughlin & Stern, Lee S. Shalov and Brett R. Gallaway for Plaintiffs and Appellants.

The Turley & Mara Law Firm, William Turley and David T. Mara for Consumer Attorneys of California as Amicus Curiae on behalf of Plaintiffs and Appellants.

Kingsley & Kingsley, Eric B. Kingsley and Ari J. Stiller for Bet Tzedek Legal Services as Amicus Curiae on behalf of Plaintiff and Appellant Amanda Frlekin.

Messing Adam & Jasmine, Gregg McLean Adam , Yonatan L. Moskowitz ; David A. Sanders and Daniel M. Lindsay for California Correctional Peace Officers' Association as Amicus Curiae on behalf of Plaintiffs and Appellants.

Leonard Carder, Aaron D. Kaufmann ; Cohelan Khoury & Singer, Michael David Singer and Janine R. Menhennet for California Employment Lawyers Association as Amicus Curiae on behalf of Plaintiffs and Appellants.

Littler Mendelson, Richard H. Rahm , Julie A. Dunne ; Gibson, Dunn & Crutcher, Theodore J. Boutrous, Jr. , Joshua S. Lipshutz , Bradley J. Hamburger , Justin T. Goodwin , Lauren M. Blas and Christian Briggs for Defendant and Respondent.

Sheppard, Mullin, Richter & Hampton, Karin Dougan Vogel , Samantha D. Hardy , Richard J. Simmons and John Ellis for Retail Litigation Center, Inc., and National Retail Federation as Amici Curiae on behalf of Defendant and Respondent.

Paul Hastings, Paul W. Cane, Jr. , Zachary P. Hutton and Blake R. Bertagna for California Employment Law Council and Employers Group as Amici Curiae on behalf of Defendant and Respondent.

Horvitz & Levy, Jeremy B. Rosen , Felix Shafir and Eric S. Boorstin for Chamber of Commerce of the United States of America, California Chamber of Commerce and Civil Justice Association of California as Amici Curiae on behalf of Defendant and Respondent.

Corbin K. Barthold for Washington Legal Foundation as Amicus Curiae on behalf of Defendant and Respondent.

OPINION

Industrial Welfare Commission wage order No. 7-2001 (Wage Order 7) requires employers to pay their employees a minimum wage for all "hours worked." (Cal. Code Regs., tit. 8, § 11070, subd. 4(B).) "Hours worked" is defined as "the time during which an employee is subject to the control of an employer...

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