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Fair Labor Standards Act (FLSA) Amazon

Stoel Rives - World of Employment

Oregon Supreme Court Rules That Oregon Law Follows Federal Definition of “Work Time.”

In a recent decision titled Buero v. Amazon.com Services, Inc.­­, 370 Or. 502 (2022),  the Oregon Supreme Court ruled that Oregon’s wage and hour law uses the same definition of “work time” as the federal Fair Labor Standards...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Holiday Gift for Oregon Employers: Security Screenings Are Not Compensable Absent Contract, Custom, or Practice

On December 15, 2022, the Oregon Supreme Court gave employers important clarity regarding compensable work time in Buero v. Amazon.com Services, Inc. The plaintiff in Buero, a warehouse employee, claimed that Amazon had...more

Blank Rome LLP

Wage And Hour Takeaways From Pa. Security Check Ruling

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On July 21, the Pennsylvania Supreme Court issued a game-changing decision in Heimbach v. Amazon.com Inc. when it determined that: Time a nonexempt employee spends waiting to undergo, and undergoing, mandatory security...more

Amundsen Davis LLC

Reminder: Time Spent Waiting In Line To Enter Or Exit Work May Be Compensable

Amundsen Davis LLC on

Employers who require employees to undergo mandatory security checks, health screenings, or similar pre- or post-shift activities take note: a growing number of courts have determined time spent waiting to undergo and...more

Fox Rothschild LLP

Federal Court Holds That New Jersey Wage Hour Law Is More Favorable To Employees On Security Check Compensability Than The FLSA

Fox Rothschild LLP on

There have been many cases brought recently focusing on the compensability of security checks and in these days of temperature checking for COVID, we expect to see many more. Some of these cases have gone for the employer...more

Genova Burns LLC

To Screen or Not to Screen? Amazon Must Face NJ Wage Class Action for Workers’ Post-Shift Screening

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On June 29, 2020, the U.S. District Court for the District of New Jersey ruled that Amazon must face a proposed class action alleging violations of New Jersey Wage and Hour Law (NJWHL), which seeks compensation for time spent...more

BakerHostetler

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

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

Zelle  LLP

That is SO last week - October 2015 #3

Zelle LLP on

Last week was a tough one for Uber, an exemplar of the “sharing economy.” Multiple lawsuits against the company are focused on the status of drivers as employees or independent contractors, and now the Oregon Bureau of Labor...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

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

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

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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

Neal, Gerber & Eisenberg LLP

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

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

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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

Blank Rome LLP

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

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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

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