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Employment Flash - December 2014

In This Issue: - Supreme Court Rejects Security Screening Time Pay - NLRB Finalizes Union Election Rule - NLRB Reverses Employers’ Ability To Ban Employee Nonwork Email Use - EEOC Challenges Employer...more

U.S. Supreme Court: Antitheft Security Screening Not Part of the Job for FLSA Compensation Purposes

Employers across the country are breathing a sigh of relief following the December 9, 2014 unanimous ruling of the U.S. Supreme Court that time spent by warehouse workers waiting for and undergoing antitheft security...more

The NLRB Shakes Things Up: Purple Communications and the Board’s New “Ambush” Elections Rule

The National Labor Relations Board (NLRB) made waves last week in two highly controversial maneuvers: first, its long-awaited decision in Purple Communications, Inc., which reversed long-standing NLRB precedent and held that...more

U.S. Supreme Court Unanimously Rules Time Spent Undergoing Mandatory Security Screenings is Not Compensable Under the FLSA

In a decision that will certainly benefit employers facing claims of pre-shift and post-shift off-the-clock work, on December 9, 2014, the United States Supreme Court unanimously held that employees’ time spent waiting to...more

4 Key Lessons from Integrity Staffing Solutions v. Busk

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...more

Supreme Court rules employees not entitled to pay for time spent in security screenings

The U.S. Supreme Court recently found that warehouse employees were not entitled to compensation under the Fair Labor Standards Act for time spent waiting to pass through anti-theft security screenings after their shifts...more

Alert: U.S. Supreme Court Unanimously Rules That Security Screening Time is Not Compensable Under FLSA

The U.S. Supreme Court recently ruled that an employer was not required to pay its non-exempt employees for time spent waiting to go through security screenings at the end of the workday. In Integrity Staffing Solutions, Inc....more

U.S. Supreme Court Holds that Post-Shift Employee Security Screenings are Not Compensable Under the FLSA

On December 9, 2014, the United States Supreme Court issued a unanimous decision in Integrity Staffing Solutions, Inc. v. Busk holding that employees' time spent waiting to undergo and undergoing security screenings is not...more

Supreme Court Rules That Time Spent Clearing a Security Checkpoint Is Not Compensable Under the FLSA

In Integrity Staffing Solutions, Inc. v. Busk, 2014 WL 6885951(U.S. Dec. 9, 2014), the Supreme Court held that time employees spend waiting to undergo and undergoing security screenings is not compensable work time under the...more

Supreme Court Finds that Post-Shift Employee Security Screenings Noncompensable Activity Under the Fair Labor Standards Act

Last week, in Integrity Staffing Solutions, Inc. v. Busk, the United States Supreme Court issued a rare unanimous opinion holding that post-shift employee security screenings were noncompensable activities under the Fair...more

New NLRB Developments

As 2014 draws to a close, we wanted to provide you with a brief overview of what the National Labor Relations Board (NLRB) has been "up to" lately. ...more

Employment & Labor Update - Supreme Court Approves Employers’ Right To Conduct Security Screening Without Wage Liability

On Wednesday, the Supreme Court ruled that employers have no obligation to pay their employees for time spent undergoing security screenings when those screenings are not integral to the employees’ job duties. Busk et al. v....more

After-hours Time Spent by Employees for Required Security Checks Is Not Integral to the Employees’ Job and Not Compensable under...

In Integrity Staffing Solutions, Inc. v. Busk et al., the United States Supreme Court ruled unanimously that workers who fill orders in Amazon.com warehouses need not be paid for the time they are required to spend waiting...more

The Employment Law Authority - December 2014

In This Issue: - Justices Issue Pro-Employer Rulling in FLSA Case - Ogletree Deakins Named A "Law Firm of the Year" - California Mandates Anti-Bullying Training for Supervisors - OFCCP Issues Final...more

Are Postliminary Activities No Longer Compensable after the Supreme Court's Decision this Week?

In a unanimous decision on December 9, 2014, the United States Supreme Court held that the time employees spent waiting to undergo and undergoing security screenings post-shift (approximately 25 minutes each day) is not...more

U.S. Supreme Court Rules that Security Screening Time is Non-Compensable Under Federal Law and The Portal-to-Portal Act

In a decision issued on Tuesday, December 9, 2014, the United States Supreme Court ruled that employees are not entitled to compensation under the federal Fair Labor Standards Act (“FLSA”) for the time they spend waiting to...more

Employment Alert: U.S. Supreme Court - Federal Wage Law Does not Apply to Wait Time for Security Screening of Employees

In Integrity Staffing Solutions, Inc. v. Busk, et al. (Integrity), No. 13-433, the Supreme Court of the United States held the time spent by warehouse workers waiting to undergo and undergoing security screenings is not...more

Supreme Court Says Employers Do Not Have to Pay Employees for Time Spent in Security Checks

On Tuesday, a unanimous U.S. Supreme Court concluded that federal wage and hour laws do not require employers to pay employees for time spent going through security checks after they complete their job tasks. In Integrity...more

What’s Next For Retailers After Integrity Staffing?

It is well-established that employees are responsible for a vast amount of inventory theft—or shrink—that retail employers experience on a daily basis. Recognizing this fact, retail employers utilize various loss prevention...more

Security Check-Out is Not "Compensable" Work Time, Supreme Court Says

Last week, the U.S. Supreme Court handed a big win to contractors for Amazon.com. The Court unanimously held that time spent by employees in security screenings when exiting from warehouses after their work shifts did not...more

U.S. Supreme Court Decides Time Spent in the Security Screening Process Is Not Compensable Under the FLSA

The U.S. Supreme Court handed down a unanimous opinion on December 9, 2014, in Integrity Staffing Solutions Inc. v. Busk et al., ruling that employees' time spent waiting to undergo and undergoing post-shift security...more

U.S. Supreme Court Finds Post-Shift Security Checks Noncompensable in Integrity Staffing v. Busk, But Employers Shouldn’t Get Too...

The U.S. Supreme Court, in a rare unanimous decision earlier this week in Integrity Staffing Solutions v. Busk, held that time spent by warehouse employees at Amazon.com warehouses waiting to go through security checks at the...more

Is Compensation Owed for All Employer-Required Activities?

An employer requires a large number of its employees to spend (on average) between two and two and one-half hours per week performing certain activities prior to leaving the employer’s jobsite. The employees’ demand for...more

Supreme Court Decides No Pay Owed for Amazon Warehouse Security Checks

On December 9, 2014, the U.S. Supreme Court unanimously held in Integrity Staffing Solutions, Inc. v. Busk, that Amazon warehouse employees were not entitled to pay for the time spent waiting to go through security checks at...more

Supreme Court Rejects Compensation For Antitheft Security Screenings, But Would A California Court Find Differently?

The U.S. Supreme Court unanimously held this week that time spent by employees going through a post-shift security screening is not compensable time. In a relatively brief and uncontroversial opinion, the Court found in...more

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