News & Analysis as of

Security Checks

INTERPOL and security checks from the U.A.E. and other Middle Eastern countries

by Estlund Law, P.A. on

We continue to receive reports, like this one, of individuals who are wanted in the United Arab Emirates or other areas in the Middle East, for bounced security checks. I addressed the basics of this issue in a previous post,...more

Time Spent In Post-Shift Security Checks Once Again Held Not Compensable

by BakerHostetler on

If you have Amazon Prime, you get free delivery in two business days. If you want to pay extra (whether Amazon Prime or not), you can get your order the next day. So how long does it take for Amazon to get rid of a case the...more

As a plan provider, make sure there are security processes in place

by Ary Rosenbaum on

As a retirement plan provider, you have something to do with the retirement plan assets and may have some access to it as a third party administrator (TPA) or financial advisor...more

Court Grants Summary Judgment for Employer in Apple Class Action Seeking Pay for Time Spent in Security Checks

by BakerHostetler on

Free Choice Tanks Plaintiffs’ Claims - Just last year, the Supreme Court held in Integrity Staffing Solutions, Inc. v. Busk, 135 S. Ct. 513 (2014) that employees working at an Amazon.com warehouse were not entitled to...more

Apple Bags a Big Win: District Court Grants Summary Judgment Against Class in Employee Bag Check Litigation

by Seyfarth Shaw LLP on

In a welcome decision for retailers, a federal district court in California, after granting the plaintiffs’ motion for class certification, granted Apple’s motion for summary judgment against the class, holding the time that...more

Recent Government Cyber Alert and Draft Guide for Financial Institutions: Lessons for All Organizations

by Baker Donelson on

All organizations, including financial institutions, continue to face significant security threats across their wide ranging IT systems. Such organizations are particularly vulnerable if they cannot track networked devices...more

A Potential Federal Government Shutdown: The Immigration Implications for Employers

Congress has until September 30, 2015 to reach an agreement on the 2016 Fiscal Year federal budget. If an agreement to fund the federal government is not reached, immigration processes are expected to be impacted as they were...more

Don't Forget State Law: Why Busk Does Not Save All Retailers

by Fisher Phillips on

Expansion is the lifeblood of a growing business. But with expansion comes a diverse landscape of state laws governing all aspects of the employment relationship. It is vital when entering new jurisdictions to understand the...more

FLSA: Changes Continue to Affect Employers

by Akerman LLP - HR Defense on

This past year has brought major changes to the laws affecting wage and hour issues. The Department of Labor has been particularly active this year putting out its first Administrator’s Interpretation regarding independent...more

CAS Legal Mailbag Question of the Week

by Shipman & Goodwin LLP on

Given security concerns that we all face, at my school we have a sign-in policy that we enforce without exception, including a requirement that visitors show photo ID. A parent of one of the students at my school, however,...more

Visa Processing Nearly Back Online After Critical Hardware Failure, but Bottleneck May Take Weeks to Clear

by Polsinelli on

After a major hardware failure on June 9th that created significant delays in processing and issuing visas, the Consular Consolidated Database (CCD) for U.S. Embassies and Consulates worldwide is nearly back online. As of...more

Employment Law - May 2015

U.S. Supreme Court Permits Narrow Review of EEOC Conciliation Process - Why it matters: The U.S. Supreme Court handed a victory—albeit limited—to employers when it determined that courts may consider the...more

Security Screening Time in the Wake of Busk - Retail did you know?

by Morgan Lewis on

Dear Retail Clients and Friends, In 2014, employees across the United States filed dozens of lawsuits under both the federal Fair Labor Standards Act (FLSA or the Act) and state law alleging that they and the classes of...more

The United States Supreme Court Clarifies Boundaries of Compensable Time Under FLSA

The Fair Labor Standards Act (“FLSA”) requires that employees be paid for all work and receive overtime pay for work that is part of the employee’s “principal activities” beyond 40 hours a week. However, the FLSA also states...more

No Overtime for After Work Security Screenings

by Pessin Katz Law, P.A. on

In another rare unanimous opinion by the U.S. Supreme Court, the Court brought into line the one federal appellate court that deviated from the rest of the country by holding that workers who are required to stay after work...more

U.S. Supreme Court Rules That Time Spent In Mandatory Security Screening at the End of a Workday Is Not Compensable

The United States Supreme Court issued an interesting decision last month on whether employees who are required to undergo security screening after their work was done should be paid for that time. The Supreme Court found in...more

Time Spent By Warehouse Workers In Security Screening Is Not Compensable Under Fair Labor Standards Act

The employer in this case, Integrity Staffing Solutions, Inc., provides staffing to Amazon.com throughout the United States. Plaintiffs Jesse Busk and Laurie Castro worked as hourly employees retrieving and packaging products...more

Employment Law - January 2015

U.S. Supreme Court: Security Screenings Not Compensable - Why it matters: In a closely watched case, the U.S. Supreme Court unanimously reversed the Ninth U.S. Circuit Court of Appeals to rule that the time spent by...more

Time Spent in Employer-Mandated Security Checks Held Non-Compensable: U.S. Supreme Court Decision in Integrity Staffing Solutions,...

by Holland & Knight LLP on

In a recent U.S. Supreme Court decision, a unanimous court held that time spent by employees in mandatory security checks after work is not compensable, unless the screenings are "integral and indispensable" to the principal...more

Waiting for and Undergoing Security Checks Not Compensable Time

by Fenwick & West LLP on

The United States Supreme Court recently held in Integrity Staffing Solutions, Inc. v. Busk et al. that time spent waiting for and undergoing post-shift security checks is not compensable under the Fair Labor Standards Act...more

California Employment Law Notes - January 2015

by Proskauer Rose LLP on

$300,000 In Punitive Damages Upheld In Sexual Harassment Case Despite Nominal Damages Award - State of Arizona v. ASARCO LLC, 2014 WL 6918577 (9th Cir. 2014) (en banc). Angela Aguilar who worked in a copper mine...more

Fenwick Employment Brief - January 2015

by Fenwick & West LLP on

Waiting for and Undergoing Security Checks Not Compensable Time - The United States Supreme Court recently held in Integrity Staffing Solutions, Inc. v. Busk et al. that time spent waiting for and undergoing post-shift...more

Did You Know…Security Time Is Not Compensable Time

by Nossaman LLP on

In Integrity Staffing Solutions, Inc. v. Busk, the United States Supreme Court addressed whether an employee is “working” when undergoing a security screening because he or she is required to do so by the employer. In a...more

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

by Littler on

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

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Cybersecurity

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