The Supreme Court agreed today to hear a case involving application of the Portal-to-Portal Act to employees who claim they should be compensated for time spent undergoing security screenings used to prevent employee theft. Integrity Staffing Solutions, Inc. v. Busk, Case No. 13-433. The employees allege they were required to undergo security screenings to prevent shrinkage or loss of product while working at a distribution warehouse servicing their staffing agency employer’s clients, such as Amazon. The district court dismissed the FLSA claim, finding the activities were excluded by the Portal-to-Portal Act. The Ninth Circuit reversed, becoming the first court to ever hold that security screenings are compensable under the FLSA and creating a conflict with the both the Second and Eleventh Circuits, which have both held security screenings are non-compensable under the Portal-to-Portal Act [Gorman v. Consolidated Edison Corp., 488 F.3d 586 (2d Cir. 2007) and Bonilla v. Baker Concrete Constr. Coo., 487 F.3d 1340 (11th Cir. 2007)]. The Ninth Circuit’s decision also conflicts with district court decisions that have addressed the issue. Argument will occur next term.
Supreme Court Accepts FLSA (Fair Labor Standards Act) Certiorari Petition Regarding Pay for “Security Screening”
Tuesday, March 4, 2014
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