News & Analysis as of

Security Checks Retailers

Epstein Becker & Green

Ninth Circuit Concludes That Apple Retail Employees Are Entitled to Summary Judgment on Exit Search Claim

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Many employers with operations in California may already be familiar with Frlekin v. Apple, Inc.  The heavily litigated case, first filed in 2013, involves claims that Apple retail employees are entitled to compensation for...more

Perkins Coie

California Supreme Court Requires Employers to Pay for Mandatory Exit Searches

Perkins Coie on

The California Supreme Court recently issued a decision holding that the time spent on an employer’s premises waiting for and undergoing required exit searches is compensable time that must be paid to employees. The decision...more

Stokes Wagner

California Supreme Court Rules in Favor of Compensation During Mandatory Employee Exit Searches

Stokes Wagner on

On February 13, 2020, the California Supreme Court issued its opinion in Frlekin v. Apple, Inc., holding that the time employees spend waiting for their bags and other personal belongings to be screened at the end of a...more

Lewitt Hackman

Bad Apple: Employee Searches are Compensable Time

Lewitt Hackman on

The California Supreme Court clarified in a highly anticipated decision, that time spent waiting for and undergoing mandatory exit searches of personal items is considered compensable time under California’s Wage Orders....more

Holland & Knight LLP

California Supreme Court: Time Spent During Exit Searches is Compensable

Holland & Knight LLP on

The California Supreme Court has handed down yet another decision broadening the scope of what is considered compensable work time under California's Wage Orders. In Frlekin v. Apple Inc., No. S243805, the state high court...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

Fisher Phillips

9th Circuit Kicks California Security Check Case Back To Lower Court

Fisher Phillips on

In a unanimous decision late last week, the 9th Circuit Court of Appeals resuscitated class claims against retail giants Nike and Converse that allege employees are owed compensation for time spent undergoing security checks...more

Seyfarth Shaw LLP

Nike Prevails On Bag Check Case

Seyfarth Shaw LLP on

Seyfarth Synopsis: A recent court decision credited Nike’s time and motion study showing employees spent mere seconds of time in off-the-clock bag checks, finding the checks to be too trivial and difficult to capture to...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

Morgan Lewis

Security Screening Time in the Wake of Busk - Retail did you know?

Morgan Lewis on

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

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

Laner Muchin, Ltd. on

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

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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