Workers are not entitled to pay for security check time

On December 9, 2014, the U.S. Supreme Court held unanimously, in the case of Integrity Staffing Solutions Inc. v. Busk et al, that workers do not have to be paid for time they spend passing through security screenings.  Suit was brought by ex-workers at an Amazon.com warehouse against a staffing agency to be compensated for the time the workers spent waiting for and undergoing post-shift anti-theft screenings.  Justice Thomas wrote, “We hold that an activity is integral and indispensable to the principal activities that an employee is employed to perform — and thus compensable under the FLSA — if it is an intrinsic element of those activities and one with which the employee cannot dispense if he is to perform his principal activities.”  The Court found that the employees’ time spent waiting to undergo and undergoing the staffing agency’s screenings did not meet these criteria, reversing the previous ruling of the Ninth Circuit Court of Appeals.

Authored by Sean W. Martin and Amanda E. Kelley of Carr Allison’s Chattanooga office

News

Carr Joins USLAW Live Podcast

Join Carr Allison co-founder Charles Carr on the latest USLAW Live! podcast episode as he reflects on the conversation that sparked the creation of USLAW and the leadership and vision that helped shape the network over the past 25 years. Charles also shares insights on client service, succession planning, mentorship […]

Learn More

Zwilling to Present Webinar on Immigration Compliance in an Era of Heightened Enforcement

Immigration enforcement is at an all-time high, and employers are in the crosshairs.  Worksite audits, unannounced site visits, and I-9 inspections have surged, while new H-1B program changes have added cost and complexity for employers sponsoring foreign workers.  At the same time, states like California and Illinois have enacted laws […]

Learn More

Zwilling to Present Webinar on Modern Disability Accommodations from Mental Health to Remote Work

Course Description: Disability accommodation requests have skyrocketed – and so has related litigation.  Today’s accommodation requests look very different from those of a decade ago: employees are seeking remote work arrangements, flexible schedules, and accommodations for mental health conditions like anxiety, depression, and PTSD.  Many employers are struggling to keep […]

Learn More