News & Analysis as of

Integrity Staffing v Busk Employer Liability Issues

Shook, Hardy & Bacon L.L.P.

Recent Ninth Circuit Decision Finds Oregon Employers Not Required to Pay for Security Checks

In a recent decision, the Ninth Circuit affirmed a District of Oregon ruling for Amazon.com, Inc., stating that the plaintiff failed to allege that undergoing mandatory security screenings was “an integral and indispensable...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

Fisher Phillips

One-Time Anomaly Or Potential Turning Of The Tides? A Review Of The Supreme Court's 2014-2015 Term

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In a marked departure from the overwhelming success employers experienced before the Supreme Court in recent years, the less successful recently wrapped 2014-2015 term could be an indication that the judicial tides may be...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

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

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

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

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

Faegre Drinker Biddle & Reath LLP

Potentially Far-Reaching FLSA Case Before Supreme Court

On October 8, 2014, the Supreme Court heard oral arguments in Integrity Staffing Solutions, Inc. v. Busk to determine whether time employees spend in a security clearance solely for their employer's benefit is compensable...more

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