News & Analysis as of

Security Checks Integrity Staffing v Busk

Proskauer - Law and the Workplace

Pennsylvania Employers Must Pay for Time Spent in Security Screenings

On July 21, 2021, answering a question certified by the United States Court of Appeals for the Sixth Circuit, the Pennsylvania Supreme Court held that time spent by employees waiting to undergo and undergoing mandatory...more

Faegre Drinker Biddle & Reath LLP

California Employers: Required Security Screening May Be Compensable Work Time

Employees must be paid for time spent waiting for, and undergoing, searches of their bags, packages and personal technology devices, the California Supreme Court ruled February 13, 2020, in Amanda Frlekin, et al. v Apple,...more

Akin Gump Strauss Hauer & Feld LLP

California Supreme Court Holds That Time Employees Spent On Mandatory Exit Inspections Is Compensable

- The California Supreme Court held that time Apple employees spent waiting for and undergoing mandatory security inspections is compensable. - The decision rejects the holding by some lower courts that if employees could...more

Constangy, Brooks, Smith & Prophete, LLP

Security Checks Are Compensable "Work" Time, Court Says

California wage-hour law is tougher on employers than federal law. Last Thursday, in Frlekin v. Apple, Inc., the California Supreme Court unanimously held that employees must be paid for time spent in mandatory, onsite...more

Fisher Phillips

Sound The Alarm: What California’s Latest Bag Check Case Means for You

Fisher Phillips on

In a unanimous decision, the California Supreme Court just held that the time spent by employees waiting for and undergoing security checks of bags and other personal items is compensable time under California law, even when...more

Proskauer - California Employment Law

What the Frlekin?! California Supreme Court Says Bag Checks Are Compensable

Today, in Frlekin v. Apple, Inc., the California Supreme Court held that time spent by non-exempt employees undergoing mandatory bag or other security checks is compensable work time under California law. The decision stands...more

Jackson Lewis P.C.

Time Spent In Security Screening Compensable Under Laws Of Nevada And Arizona, Federal Court Rules

Jackson Lewis P.C. on

The laws of Nevada and Arizona require employers to pay their workers for time spent going through security screenings at the end of their shifts, the federal appeals court in Cincinnati has ruled. ...more

Fisher Phillips

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

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

Akerman LLP - HR Defense

FLSA: Changes Continue to Affect Employers

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

Morgan Lewis

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

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

Spilman Thomas & Battle, PLLC

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

Womble Bond Dickinson

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

Womble Bond Dickinson on

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

Proskauer - California Employment Law

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

Manatt, Phelps & Phillips, LLP

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

Holland & Knight LLP

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

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

Fenwick & West LLP

Waiting for and Undergoing Security Checks Not Compensable Time

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

Fenwick & West LLP

Fenwick Employment Brief - January 2015

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

Nossaman LLP

Did You Know…Security Time Is Not Compensable Time

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

Laner Muchin, Ltd.

U.S. Supreme Court Hears Argument On Compensability Of Time Spent By Employees Undergoing Post-Shift Security Checks

Laner Muchin, Ltd. on

In Integrity Staffing Solutions v. Busk, the United States Supreme Court heard oral argument recently in a class action case regarding whether employees assigned by their employer to work at an Amazon warehouse must be...more

Skadden, Arps, Slate, Meagher & Flom LLP

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

Littler

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

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

K&L Gates LLP

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

K&L Gates LLP on

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

Latham & Watkins LLP

4 Key Lessons from Integrity Staffing Solutions v. Busk

Latham & Watkins LLP on

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

Saul Ewing LLP

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

Saul Ewing LLP on

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

Cooley LLP

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

Cooley LLP on

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

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