Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm News

Time Spent at Security Checkpoints Won’t Be Covered For Workers Anymore

Author: Scarinci Hollenbeck, LLC

Date: January 5, 2015

Key Contacts

Back

Often times employees will get paid for time spent at security checkpoints… Not anymore

Businesses need not compensate employees for time spent at security checkpoints at the end of their shifts, according to the U.S. Supreme Court’s decision in Integrity Staffing Solutions, Inc. v. Busk. The class-action suit before the Court claimed that Integrity Staffing Solutions, a supplier of workers for Amazon.com warehouses, violated the Fair Labor Standards Act (FLSA).

This case came on the heels of a number of successful “donning and doffing” lawsuits in which plaintiffs sued and recovered wage damages from employers for activities that were deemed to be integral to the performance of work activities. The U.S. Supreme Court has previously held that an employee’s compensable workday begins the moment the worker dons unique, integral, and indispensable gear or when performing an integral and indispensable task or activity associated with the worker’s employment. Furthermore, any time spent by the employee after such donning or performance is also compensable time under the FLSA. IBP, Inc. v. Alvarez, 546 U.S. 21 (2005).

The Facts of the Case

But where does an employer draw that line? Integrity Staffing Solutions, Inc. required its hourly warehouse workers to undergo a security screening before leaving the warehouse each day to deter theft. Employees were required to empty their pockets and pass through metal detectors. Several former employees sued claiming that they were entitled to compensation under the FLSA for the roughly 25 minutes spent each day while waiting to undergo and then undergoing those screenings.

The district court dismissed the suit, finding that the security screenings were non-compensable under the FLSA, finding that the law exempted employers from paying wages based on “activities which are preliminary to or postliminary to the performance of the principal activities that an employee is employed to perform.” The Ninth Circuit Court of Appeals disagreed and reversed, concluding that such post-shift activities were compensable as being integral and indispensable to the employee’s principal activities and performed for the employer’s benefit.

The Supreme Court’s Decision

The Supreme Court rejected the Ninth Circuit Court’s analysis, holding that the time that the workers spent waiting to undergo and undergoing security screenings is not compensable under the FLSA: “The court of appeals erred by focusing on whether an employer required a particular activity,” Justice Clarence Thomas explained. “The integral and indispensable test is tied to the productive work that the employee is employed to perform.”

The Court’s majority found the security screenings were not “integral and indispensable” to the employees’ work:

“…[A]n activity is not integral and indispensable to an employee’s principal activities unless it is an intrinsic element of those activities and one with which the employee cannot dispense if he is to perform those activities. The screenings were not an intrinsic element of retrieving products from warehouse shelves or packaging them for shipment. And Integrity Staffing could have eliminated the screenings altogether without impairing the employees’ ability to complete their work.

The Supreme Court’s decision is clearly a significant win for this particular employer. The case is also important to all of us as it reminds employers, employees and the courts that, in interpreting the law, there is a logical line to be drawn and legal principal applied even where the facts may cloud such analysis.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
NJ Real Estate Attorney Joe DeMarco Named in 2026 NJBIZ Leaders in Law List post image

NJ Real Estate Attorney Joe DeMarco Named in 2026 NJBIZ Leaders in Law List

Scarinci Hollenbeck is pleased to announce that NJ Real Estate Partner, Joe DeMarco, has been named a 2026 Leaders in Law Award Honoree by NJBIZ in the Real Estate: Construction, Environmental, Leasing category. The NJBIZ Leaders in Law program recognizes attorneys and general counsels whose professional accomplishments, leadership, and service to their communities demonstrate a […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "NJ Real Estate Attorney Joe DeMarco Named in 2026 NJBIZ Leaders in Law List"
John M. Scagnelli Re-Elected to LSRPA Board of Trustees post image

John M. Scagnelli Re-Elected to LSRPA Board of Trustees

Scarinci Hollenbeck is pleased to announce that Partner John M. Scagnelli has been re-elected to serve on the Board of Trustees of the Licensed Site Remediation Professionals Association (LSRPA) for an additional two-year term. LSRPA is the statewide professional organization representing New Jersey’s Licensed Site Remediation Professionals (LSRPs), playing a central role in advancing environmental […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "John M. Scagnelli Re-Elected to LSRPA Board of Trustees"
Robert E. Levy Re-Certified as Civil Trial Attorney by the Supreme Court of New Jersey post image

Robert E. Levy Re-Certified as Civil Trial Attorney by the Supreme Court of New Jersey

Scarinci Hollenbeck is pleased to announce that Robert E. Levy has been re-certified as a Certified Civil Trial Attorney by the Supreme Court of New Jersey. This re-certification, combined with Levy’s existing designation as a Certified Criminal Trial Attorney, places him among less than one percent of all certified attorneys in New Jersey to hold […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Robert E. Levy Re-Certified as Civil Trial Attorney by the Supreme Court of New Jersey"
Scarinci Hollenbeck Partner Donald M. Pepe Named to ROI-NJ’s 2025 Real Estate Influencers List post image

Scarinci Hollenbeck Partner Donald M. Pepe Named to ROI-NJ’s 2025 Real Estate Influencers List

Scarinci Hollenbeck, LLC is pleased to announce that Donald M. Pepe, a partner in the firm’s Real Estate, Land Use and Development Group, has once again been named to ROI-NJ’s Influencers: Real Estate list for 2025. Donald Pepe has been included on the ROI Influencers: Real Estate list each year since 2022, reflecting his continued […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Partner Donald M. Pepe Named to ROI-NJ’s 2025 Real Estate Influencers List"
Scarinci Hollenbeck Announces Three Attorney Promotions for 2026 post image

Scarinci Hollenbeck Announces Three Attorney Promotions for 2026

Scarinci Hollenbeck, LLC announces the promotion of three attorneys effective January 1, 2026: Samantha L. Blake and Brittany P. Tarabour to Counsel, and Kevin M. Cuddihy to Senior Associate. The following summarizes each attorney’s practice and experience. Samantha L. Blake Promoted to Counsel Samantha L. Blake has been promoted to Counsel and practices out of […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Announces Three Attorney Promotions for 2026"
NJBIZ Features Two Scarinci Hollenbeck Partners on the 2026 Commercial Real Estate Market Forecast post image

NJBIZ Features Two Scarinci Hollenbeck Partners on the 2026 Commercial Real Estate Market Forecast

Scarinci Hollenbeck real estate partners Donald Pepe and Joe DeMarco were recently interviewed by NJBIZ reporter Kimberly Redmond for a feature examining what may shape the commercial real estate market in 2026. The article explores several issues currently influencing development and investment decisions across New Jersey, including redevelopment considerations, regulatory and financing pressures, emerging asset […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "NJBIZ Features Two Scarinci Hollenbeck Partners on the 2026 Commercial Real Estate Market Forecast"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!