Article Summary

Based on oral arguments in Integrity Staffing Solutions Inc. v. Busk, a majority of U.S. Supreme Court justices seemed to agree that employers need not pay workers for time spent standing in line for mandatory anti-theft screenings conducted at the end of a shift.

This article by TELG managing principal R. Scott Oswald and TELG principal & general counsel Nicholas Woodfield was published by Law360 on October 9, 2014. The full article is . (Site requires paid subscription.)

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Workplace Tasks On Trial In Integrity Staffing Arguments

In oral arguments on Oct. 8 before the U.S. Supreme Court, warehouse workers faced skepticism for their plea to be paid for devoting almost a half-hour each day to anti-theft searches before being allowed to leave the workplace.

While some of the justices, led by Justice Elena Kagan, were receptive to the employees’ contention that such a requirement must be compensated under the Fair Labor Standards Act, more seemed ready to accept the notion that, because the searches happen as workers exit the warehouse, they fit an FLSA carveout for “postliminary” activity created by the 1947 Portal-to-Portal Act.