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
How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide post image

How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide

Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]

Author: Christopher D. Warren

Link to post with title - "How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide"
Gross Lease vs. Net Lease: Understanding the Key Differences post image

Gross Lease vs. Net Lease: Understanding the Key Differences

Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]

Author: Robert L. Baker, Jr.

Link to post with title - "Gross Lease vs. Net Lease: Understanding the Key Differences"
What to Do If You Are Impacted by a Retailer Bankruptcy Part 2 post image

What to Do If You Are Impacted by a Retailer Bankruptcy Part 2

Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]

Author: Brian D. Spector

Link to post with title - "What to Do If You Are Impacted by a Retailer Bankruptcy Part 2"
The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business post image

The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business

Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]

Author: Dan Brecher

Link to post with title - "The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business"
Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1 post image

Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1

The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]

Author: Brian D. Spector

Link to post with title - "Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1"

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.

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

Please select a category(s) below: