News & Analysis as of

Executive Labor Summary - November/December 2014

NEWS & ANALYSIS - NLRB changes longstanding rule for deferral to arbitration awards - The National Labor Relations Board has had a busy December with four major new developments. We have already reported on two of the...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

Not Every Employee is Covered by the FLSA, But You're Not Off the Hook Just Yet

If you read this blog, attend presentations on wage and hour issues, or just shudder every time you read about another overtime or minimum wage lawsuit, you might assume that all employees are covered by the federal Fair...more

Tip-Related Claims Will Continue to Be Served Up as the Lawsuit du Jour Against the Hospitality Industry in 2015

The hospitality industry is particularly fertile ground for a wide variety of wage and hour issues, which continue to plague management through steadily increasing federal and state department of labor investigations and...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

$4.5 million wage settlement for Pa. and WVa. workers in oil and natural gas industry

On Tuesday, December 9, 2014, the U.S. Department of Labor (DOL) announced that it has reached agreement with numerous employers in the oil and natural gas industry in Pennsylvania and West Virginia to provide 5,310 workers...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

The Gift-Giving Season? Three “Game-Changing” Employment Developments Impacting Manufacturers

The approaching holidays may have put Congress, the National Labor Relations Board and the United States Supreme Court in the “gift-giving” mood. In the last week, three significant developments occurred which may radically...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

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 Says Employers Don’t Always Have To Pay Under The FLSA (Really!)

What do you know, the Supreme Court has issued another employer-friendly decision on an interesting wage-and-hour issue! This time, on December 9, 2014, the Supreme Court unanimously ruled that the Fair Labor Standards Act...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

U.S. Supreme Court Holds That Time Spent in Security Screenings Not Compensable Under FLSA

On December 9, 2014, the United States Supreme Court unanimously reversed a decision by the United States Court of Appeals for the Ninth Circuit holding that warehouse employees had stated a claim for unpaid wages under the...more

The United States Supreme Court’s Decision on Non-exempt Employee’s Work Day

This past Tuesday, the United States Supreme Court issued a decision in Integrity Staffing Solutions, Inc. v. Busk, No. 13-433, that clarifies when a non-exempt employee begins and ends the work day – and, therefore, when an...more

Unanimous Supreme Court: Time Spent Awaiting and Undergoing Security Checks Not Compensable

On December 9th., the Supreme Court unanimously held that time spent by hourly warehouse workers waiting for and undergoing mandatory security screenings before leaving the warehouse is not compensable under the Fair Labor...more

Supreme Court Confirms No Pay Required for Post-Shift Security Screenings

In a 9-0 decision issued yesterday, the U.S. Supreme Court held that time spent by non-exempt workers waiting to undergo and undergoing security screenings before leaving their workplace at the end of their work day was not...more

Supreme Court Holds That Time Spent in Security Screening Is Not Compensable Time

In order to prevent employee theft, some employers require that their employees undergo security screenings before leaving the employers’ facilities. This is particularly so with employers involved in manufacturing and retail...more

No Pay Required for Amazon’s Warehouse Workers During Post-Shift Security Screening

On December 9, the Supreme Court held that hourly workers in Amazon warehouses need not be compensated for the time they spent waiting to undergo security screening at the end of their shifts. The case, Integrity Staffing...more

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