News & Analysis as of

Security Checks Fair Labor Standards Act (FLSA) Employer Liability Issues

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

Sherman & Howard L.L.C.

Security Screenings At Work: When Is This Time Compensable?

In Aguilar et al. v. Management & Training Corp., 948 F.3d 1270 (10th Cir. 2020), the Tenth Circuit Court of Appeals ruled that the employer of a group of prison detention officers violated the Fair Labor Standards Act...more

BakerHostetler

Ninth Circuit Undermines Use of Time Studies in Disposing of Wage and Hour Claims in California

BakerHostetler on

Two years ago, we blogged a pair of cases with similar fact patterns and outcomes involving the successful use of time studies (See our October 13, 2017 and October 16, 2017 blog posts). ...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

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

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

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

Proskauer Rose LLP

California Employment Law Notes - January 2015

Proskauer Rose LLP on

$300,000 In Punitive Damages Upheld In Sexual Harassment Case Despite Nominal Damages Award - State of Arizona v. ASARCO LLC, 2014 WL 6918577 (9th Cir. 2014) (en banc). Angela Aguilar who worked in a copper mine...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

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