Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

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
Failing to Comply With NJ Rent Control Exemption May Prove Costly post image

Failing to Comply With NJ Rent Control Exemption May Prove Costly

What Developers Need to Know About New Jersey’s Rent Control Exemption Law to Ensure Entitlement to Exemption for Newly Constructed Multi-family Housing.  A property owner in Jersey City is facing a $400 million federal class action lawsuit alleging that the landlord did not follow the procedural steps required to be eligible for exemption from local […]

Author: Patrick T. Conlon

Link to post with title - "Failing to Comply With NJ Rent Control Exemption May Prove Costly"
Crypto Securities Law: When Tokens Become Investment Contracts post image

Crypto Securities Law: When Tokens Become Investment Contracts

The application of traditional federal securities laws to crypto assets continues to evolve. In some cases, the Securities and Exchange Commission (SEC) considers tokens and other digital assets to be securities. This makes them subject to federal securities law, including the Securities Act of 1933 and the Securities Exchange Act of 1934. This classification has […]

Author: Bryce S. Robins

Link to post with title - "Crypto Securities Law: When Tokens Become Investment Contracts"
The Due Diligence Process for NY Condominiums and Cooperatives post image

The Due Diligence Process for NY Condominiums and Cooperatives

While the New York City real estate market can be extremely competitive, moving too quickly often backfires. Before purchasing a condominium or cooperative in New York City, it is important to do you homework. Purchasing property in NYC can involve a dizzying number of legal issues. These include condo and co-op rules, rent restrictions, and […]

Author: Jesse M. Dimitro

Link to post with title - "The Due Diligence Process for NY Condominiums and Cooperatives"
Smart Contract Legal Issues: Drafting Agreements for Blockchain post image

Smart Contract Legal Issues: Drafting Agreements for Blockchain

Smart contracts feature a unique blend of legal agreement and technical code. This innovation has the potential to reshape how business is conducted. At the same time, smart contract legal issues around enforceability, jurisdiction, identity, and compliance are common. The legal framework for these self-executing agreements is still evolving. What Are Smart Contracts? Smart contracts, […]

Author: Bryce S. Robins

Link to post with title - "Smart Contract Legal Issues: Drafting Agreements for Blockchain"
Are Stay Interviews the Key to Retaining Top Talent? post image

Are Stay Interviews the Key to Retaining Top Talent?

Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement. One increasingly popular strategy for improving […]

Author: Angela A. Turiano

Link to post with title - "Are Stay Interviews the Key to Retaining Top Talent?"
Why Secured Transactions Are Important post image

Why Secured Transactions Are Important

Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]

Author: Dan Brecher

Link to post with title - "Why Secured Transactions Are Important"

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!