While helpful to some employers, Integrity Staffing Solutions v. Busk does not fundamentally change the law of compensable working time.

On December 9, 2014, the U.S. Supreme Court issued its much-anticipated decision in Integrity Staffing Solutions, Inc. v. Busk. In a unanimous decision, the Court held that the time warehouse workers spent undergoing antitheft security screening before leaving each day is not compensable under the Fair Labor Standards Act (FLSA), as amended by the Portal-to-Portal Act. This opinion will limit employers’ exposure to wage and hour claims for post-shift security screenings, even if the screenings are conducted for the employer’s own protection. However, in many cases, such as where more stringent state law applies or where the activity is more closely related to the work to be performed — such as donning and doffing protective gear or going through decontamination procedures — employers will still be required to compensate employees for these pre- and/or post-work activities.

1. The case is helpful for employers in limited situations.

In Integrity Staffing Solutions, the Supreme Court found that under federal law, time spent waiting to undergo and undergoing post-shift security screenings is not compensable, even where such screenings are alleged to have amounted to approximately 25 minutes each day and been conducted to prevent employee theft. Under federal law, employers may now require post-shift security screening for employees at their stores and facilities without compensating employees for the time.