Employment Law Now IV-55 – Six Significant Developments to be On Your Radar
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
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
On July 21, 2021, answering a question certified by the United States Court of Appeals for the Sixth Circuit, the Pennsylvania Supreme Court held that time spent by employees waiting to undergo and undergoing mandatory...more
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
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
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
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
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
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
This past year has brought major changes to the laws affecting wage and hour issues. The Department of Labor has been particularly active this year putting out its first Administrator’s Interpretation regarding independent...more
U.S. Supreme Court Permits Narrow Review of EEOC Conciliation Process - Why it matters: The U.S. Supreme Court handed a victory—albeit limited—to employers when it determined that courts may consider the...more
Dear Retail Clients and Friends, In 2014, employees across the United States filed dozens of lawsuits under both the federal Fair Labor Standards Act (FLSA or the Act) and state law alleging that they and the classes of...more
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
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
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
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
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
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
$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
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
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
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
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
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
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