On December 9, 2014, the Supreme Court of the United States issued a decision in the matter of Integrity Staffing Solutions, Inc. v. Busk. The case involved an employment issue and whether or not employees should be compensated for the post-shift security screenings under the Fair Labor Standards Act (FLSA). The employer in the Integrity case required its warehouse employees to undergo security screenings prior to leaving the workplace at the end of their shifts. The time for the post-shift security was approximately 25 minutes. However, the U.S. Supreme Court ruled that the post-shift security screenings are not compensable under the FLSA. The Fair Labor Standards Act is a Federal Law that was enacted in 1938 and established minimum wage and overtime compensation for each hour worked. An employer who violates the provisions of the FLSA can be civilly liable for back pay, liquidated damages, and attorneys’ fees.
Subsequently, the Portal-to-Portal Act was passed in 1947 that exempted employers from liability for future claims based upon two (2) categories of work-related activities. The United States Supreme Court rules that the warehouse employees were not to be compensated for undergoing security screenings before leaving the warehouse each day, despite the fact that they spent roughly 25 minutes each day doing these matters. The Court rules that the time could be reduced to a de minimis amount by adding screenings or staggering shift terminations.
If you, a family member, or a friend have an employment issue, including discrimination, overtime pay, or failure to compensate you or your friend or family member for compensable time, contact the law firm of Patberg Law Firm at (412) 232-3500 or 1-800-471-6880. Visit our website at www.patberglawfirm.com.