Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm News
Author: Scarinci Hollenbeck, LLC
Date: January 5, 2015
The Firm
201-896-4100 info@sh-law.comBusinesses 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).
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 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.

Two Partners, a Counsel, and a Senior Associate Deepen the Firm’s Litigation Bench in Little Falls, Red Bank, and New York City Following last month’s announcement that eight attorneys joined the firm, Scarinci Hollenbeck, LLC continues its expansion, this time strengthening its Litigation Group. The firm welcomes Paul S. Grossman and Jay R. McDaniel as […]
Author: Scarinci Hollenbeck, LLC

Unanimous Controversies Committee ruling addresses the scope of an athletic association’s disciplinary authority and the procedural standards governing its exercise. Scarinci Hollenbeck, LLC announced today that Partner Robert E. Levy served as counsel to the New Jersey State Interscholastic Athletic Association (NJSIAA) in the proceedings that resulted in the revocation of the 2025 regional and […]
Author: Scarinci Hollenbeck, LLC

Scarinci Hollenbeck Congratulates Partners Mark Tabakin, Donald Scarinci, and Don Pepe for Inclusion in NJBIZ’s 2026 Power 50 in Law List Scarinci Hollenbeck, LLC is proud to announce that Donald Scarinci, Founding & Managing Partner, Donald M. Pepe, Partner of the firm’s Commercial Real Estate Department, and Mark A. Tabakin, Partner in the firm’s Public […]
Author: Scarinci Hollenbeck, LLC

Scarinci Hollenbeck, LLC has been named to the NJBIZ 2026 Best Places to Work in New Jersey, earning recognition in the Medium Companies category (50 to 249 employees). Now in its latest edition, the annual program honors New Jersey organizations that go beyond the paycheck to invest in their employees’ growth and quality of life. […]
Author: Scarinci Hollenbeck, LLC

Two Scarinci Hollenbeck Attorneys Selected as Committee Directors for the 2026-2028 Term Scarinci Hollenbeck is pleased to announce that two of its attorneys, Angela A. Turiano and Seraphema Menna, have been elected to the New Jersey Women Lawyers Association (NJWLA) Board of Directors for the 2026-2028 term. Angela was selected as a Director on the […]
Author: Scarinci Hollenbeck, LLC

Tabakin and Team Advance the Footprint of Scarinci Hollenbeck’s Labor & Employment, Litigation, Real Estate, Land Use, and Public Law Practice Throughout New Jersey Scarinci Hollenbeck announced the addition of Mark Tabakin and his team of six attorneys, significantly strengthening the firm’s Labor & Employment, Litigation, Land Use, and Environmental practices for private and public […]
Author: Scarinci Hollenbeck, LLC
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
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!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!