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 Ruling Barring Discrimination by Federal Contractors

- President Obama Takes Executive Action on Immigration, But Lawsuits Follows

- Lauren McFerran Confirmed to National Labor Relations Board

- Court Upholds Employer's Decision to Discharge Potentially Violent Employee

- NLRB Established New Right for Employees to Use Company Email

- Excerpt from Justices Issue Pro-Employer Rulling in FLSA Case:

On December 9, the Supreme Court of the United States ruled that the time workers spend undergoing security screenings is not compensable under the Fair Labor Standards Act (FLSA). According to Justice Thomas, writing for a unanimous Court, the security screenings at issue were not the principal activities the employees were employed to perform and were not “integral and indispensable” to those activities. Thus, the screenings were “noncompensable postliminary activities.” In arriving at this conclusion, the Court provided some much-needed clarification on the “integral and indispensable” test, holding “that an activity is integral and indispensable to the principal activities that an employee is employed to perform—and thus compensable under the FLSA—if it is an intrinsic element of those activities and one with which the employee cannot dispense if he is to perform his principal activities.” Integrity Staffi ng Solutions, Inc. v. Busk, No. 13- 433, Supreme Court of the United States (December 9, 2014).

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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