Delta, Compass Hit with California Employment Class Action

The lawsuit, Wilborn v. Compass Group USA LLC, was filed in California Superior Court for Los Angeles County. Plaintiff Kamya Wilborn alleges that Delta and Compass jointly employed her as a nonexempt food runner at Delta lounges at LAX from Oct. 6, 2024, through Feb. 17, 2025.

Security Screening

According to Wilborn’s complaint, lounge workers were required to pass through Transportation Security Administration (TSA) checkpoints before reaching their worksite but were instructed not to clock in until they arrived inside the lounge. Employees clocked in via phone but were told they could not log time while waiting in security lines — even though the screening was mandatory to access their jobs. Wilborn argues that this pre-shift time constitutes compensable “hours worked” under California wage law because it was required and necessary for employees to perform their duties.

Wilborn also claims that workers were routinely denied meal and rest periods. California labor law mandates:

Meal Periods

• 30-minute unpaid meal period required for shifts over five hours.
• Employee must be relieved of all duty.
• Employer must not impede or discourage breaks.

Rest Periods

• Paid 10-minute rest period for every four hours worked (or major fraction thereof).
• Must be duty-free.

Wilson says employees were required to clock out for meal breaks but were not fully relieved of duties, with management allegedly interrupting breaks due to understaffing. Also, employees were restricted in their ability to use restroom facilities except during breaks, even though reaching the nearest restroom required a roughly 10-minute walk.

Wilborn also claims that the defendants failed to provide accurate wage statements and did not timely pay all wages owed during and after employment.

Key Issues

One key issue in the case is whether Delta qualifies as a joint employer alongside Compass. Wilborn alleges that both companies exercised sufficient control over her work to be liable for wage-and-hour violations. Compass operates food and beverage services in Delta lounges, while Delta sets standards for its Sky Club operations. Legal observers note that joint employer liability typically hinges on the degree of control exercised over hiring, scheduling, supervision and payroll practices.

Another issue is whether  TSA security screening is compensable time. Under California law, employees must be paid for all time during which they are:

• Subject to the employer’s control, or
• Suffered or permitted to work.

Security screening may be compensable if it is required by the employer and the employer controls the manner, timing or conditions of the process. In Frlekin v. Apple, the California Supreme Court ruled that time spent undergoing mandatory exit searches on an employer’s premises was compensable. Other cases, however, have distinguished between employer-controlled security and government-mandated screening. In Huerta v. CSI Electrical Contractors, the state high court emphasized that the level of employer control is key to determining compensability. And in Cazares v. Host International, the Ninth Circuit rejected claims for pay related to TSA screening at an airport lounge, finding that the employer did not control the security process.

Wilborn’s case may hinge on whether the court finds that the defendants exercised sufficient control over employees’ pre-shift time or required arrival sufficiently in advance of scheduled shifts to make the waiting time compensable.

Compass Group History

Compass, one of the world’s largest catering and food service companies, has previously faced wage-and-hour litigation. And more…

In 2014, Compass agreed to a settlement worth up to $5 million to resolve claims brought on behalf of approximately 22,000 food service workers alleging wage violations. In a separate Texas case, route and delivery drivers accused the company of failing to pay overtime for hours worked beyond 40 per week. Compass has also faced consumer class actions, including a recently approved $6.94 million settlement over allegations that certain Canteen vending machines charged more than displayed prices for card purchases. And in 2005, Compass subsidiary Eurest Support Services was suspended as a United Nations supplier over allegations of corrupt buying practices and bribery related to securing UN contracts.

This current case, Wilborn v. Compass et al., Superior Court of California, County of Los Angeles, seeks unpaid minimum wages and overtime, as well as penalties for alleged violations of California’s Labor Code and Industrial Welfare Commission wage orders. Wilborn seeks to represent all nonexempt current and former employees who worked for Delta and Compass at airport lounges in California.