On Dec. 9, 2014, U.S. Supreme Court issued a unanimous decision that the Fair Labor Standards Act (FLSA) does not require an employer to pay its employees for time spent undergoing security screenings at the end of their shifts. Justice Thomas wrote the Court’s opinion in Integrity Staffing Solutions, Inc. v. Busk, with Justice Sotomayor filing a concurring opinion which Justice Kagan joined. Barnes & Thornburg has issued an Employment Alert on this case which can be found here. This case has been closely watched by business groups concerned with the potential of millions of dollars of back pay and liquidated damages.
Unanimous Supreme Court Denies Compensation for Time Spent in Security Checks
Mark D. Scudder
Of CounselRELATED ARTICLES
Don’t Call it ‘Conditional Certification’: Sixth Circuit Sets New Heightened Standard for Notice in FLSA Collective Actions
May 24, 2023 | Labor Relations, Fair Labor Standards Act
PAGA Claimant Alleges Employer Failed to Pay for COVID-19 Time and Expenses
April 1, 2021 | Currents - Employment Law
Fifth Circuit Ends ‘Lenient’ FLSA Collective Action Certification Standard
January 15, 2021 | Currents - Employment Law, Fair Labor Standards Act
COVID-19 Class Action Litigation Heats Up Over Temperature Checks
October 30, 2020 | Currents - Employment Law, Employee Health Issues
Use Your Noodle: Assistant Manager Sues Over COVID-19 Related Termination
September 11, 2020 | Currents - Employment Law
Don’t Call it ‘Conditional Certification’: Sixth Circuit Sets New Heightened Standard for Notice in FLSA Collective Actions
May 24, 2023 | Labor Relations, Fair Labor Standards Act
PAGA Claimant Alleges Employer Failed to Pay for COVID-19 Time and Expenses
April 1, 2021 | Currents - Employment Law
Fifth Circuit Ends ‘Lenient’ FLSA Collective Action Certification Standard
January 15, 2021 | Currents - Employment Law, Fair Labor Standards Act
COVID-19 Class Action Litigation Heats Up Over Temperature Checks
October 30, 2020 | Currents - Employment Law, Employee Health Issues
Use Your Noodle: Assistant Manager Sues Over COVID-19 Related Termination
September 11, 2020 | Currents - Employment Law
COVID-19 False Alarm Triggers Tipped Worker Collective Action
July 23, 2020 | Currents - Employment Law
DOL Delivers a Five-Pack of Wage and Hour Opinion Letters
June 30, 2020 | Currents - Employment Law
Here’s a Tip – Restaurant Workers Allege Wage and Hour Violations Amid COVID-19 Pandemic
June 26, 2020 | Currents - Employment Law
Brain Freeze: California Federal Court Rejects Ice Cream Shop’s CAFA Removal
May 29, 2020 | Currents - Employment Law
As Businesses Reopen, DOL Allows Premium Payments Under the Fluctuating Workweek Method
May 22, 2020 | Currents - Employment Law, Fair Labor Standards Act, Department of Labor
Court Scorches Employer, Upholds Class Arbitration Decision
April 24, 2020 | Currents - Employment Law, Fair Labor Standards Act
Shutting the Gate: Temporary Worker Excluded From FLSA Collective Action
April 23, 2020 | Currents - Employment Law, Fair Labor Standards Act
Salaried-Basis Employees in the World of Temporary COVID-19 Furloughs
April 3, 2020 | Currents - Employment Law, Fair Labor Standards Act, Department of Labor
Employer’s Perseverance Pays Off As District Court Decertifies Disinterested Collective
March 6, 2020 | Currents - Employment Law, Fair Labor Standards Act
Hey Siri: Is Time Spent by an Employee Waiting for a Security Check Compensable?
February 17, 2020 | Currents - Employment Law, Letter of the Law
No FLSA Friend Requests: Employees With Arbitration Agreements Can’t Get Notice
January 29, 2020 | Currents - Employment Law, Fair Labor Standards Act
New Joint Employment Rule: DOL Clarifies Standard For Liability Under the FLSA
January 17, 2020 | Currents - Employment Law, Fair Labor Standards Act
Third Circuit Schools District Court on Workplace Class Certification
January 8, 2020 | Currents - Employment Law, Fair Labor Standards Act
New DOL Rule Allows Employers to Offer Perks Without Affecting Regular Pay Rate
December 20, 2019 | Currents - Employment Law, Fair Labor Standards Act
Proposed New Overtime Rule Would Affect Fluctuating Workweek Employees
November 5, 2019 | Currents - Employment Law
No E For Effort: FLSA Conditional Certification Fails Without Supporting Evidence
October 23, 2019 | Currents - Employment Law, Fair Labor Standards Act
Café Managers’ Second Attempt At Conditional Certification Fails
October 22, 2019 | Currents - Employment Law, Fair Labor Standards Act
No Right, Just Rules: Court Lacks Jurisdiction Over Steakhouse Managers’ Claims
October 3, 2019 | Currents - Employment Law, Fair Labor Standards Act
The FLSA Protects Colorado’s Recreational Cannabis Workers
September 25, 2019 | Currents - Employment Law, Fair Labor Standards Act
Another Court Declines to Defer to DOL Guidance on 20 Percent Rule
August 22, 2019 | Currents - Employment Law, Employment Lessons
Don’t Fall Asleep on DOL’s New Guidance for Time Truck Drivers Spend in Sleeper Berth
August 1, 2019 | Currents - Employment Law, Employment Lessons
Recent DOL Guidance Not Entitled to Deference Post-Kisor
July 10, 2019 | Currents - Employment Law, Employment Lessons
OFCCP Issues New Directive for Analyzing Compensation
September 4, 2018 | Affirmative Action, Currents - Employment Law
F is for Fluctuate: Overtime Pay And The Fluctuating Workweek (WTH is FWW?)
July 27, 2018 | Letter of the Law, Currents - Employment Law
Will There Be An Epic Backlash?
June 27, 2018 | Fair Labor Standards Act, Supreme Court Watch, Currents - Employment Law
Philadelphia U. S. District Court Determines Uber Drivers Are Independent Contractors
April 23, 2018 | Fair Labor Standards Act, Currents - Employment Law
DOL Issues New Opinion Letters on Wage and Hour Issues – Compensability of Health-Related Rest Breaks
April 18, 2018 | Fair Labor Standards Act, Currents - Employment Law
Know Before You Go: Does the DOL’s New PAID Program Pay Off For Employers?
April 16, 2018 | Fair Labor Standards Act, Currents - Employment Law
What’s Old Is New Again: DOL Resurrects Advisory Opinion Letters
January 16, 2018 | Employment Lessons, Fair Labor Standards Act, Currents - Employment Law
The DOL Just Flipped Its Position on Paying Interns
January 10, 2018 | Employment Lessons, Fair Labor Standards Act, Currents - Employment Law
As Predicted, DOL Proposes Changes to Tip Pool Rule
December 29, 2017 | Employment Discrimination, Employment Lessons, Currents - Employment Law
Asking: “How much do you currently make?” in 2018?
December 29, 2017 | EEOC, Employment Lessons, Currents - Employment Law
Second Circuit Holds That Hearst Interns Are Not Employees
December 12, 2017 | Fair Labor Standards Act, Currents - Employment Law
House Passes Bill to Legalize Comp Time in the Private Sector
May 8, 2017 | Fair Labor Standards Act, Currents - Employment Law
Lesson: Don’t Underestimate Court’s Ability to Change Its Mind
April 6, 2017 | Employment Lessons, Fair Labor Standards Act, Currents - Employment Law
Putting the Matter to Rest: California Court Rules Commission-Pay Employees Must Be Compensated Separately for Rest Breaks
April 4, 2017 | Employment Lessons, Currents - Employment Law
The DOL’s Final Rule on Life Support?
December 30, 2016 | Fair Labor Standards Act, Currents - Employment Law
December 1 Overtime Rule Blocked
November 22, 2016 | Fair Labor Standards Act, Currents - Employment Law
Using an Employee’s Social Media Posts to Prove Laziness? Think Again
November 21, 2016 | Employment Lessons, Fair Labor Standards Act, Currents - Employment Law
The World According to Trump: Revenge of the Pen – Overturning Obama’s Executive Orders and Employment Policies
November 16, 2016 | Fair Labor Standards Act, Currents - Employment Law
The World According to Trump: A Prologue
November 14, 2016 | High Stakes Employment Issues, Currents - Employment Law
Meowing Dogs and Barking Cats: Supreme Court Grants Certiorari to Determine Service Advisors’ Eligibility for Overtime Pay
January 22, 2016 | Fair Labor Standards Act, Currents - Employment Law
Friend or Foe?: Terminated HR Director Can Bring Retaliation Case, Court Says
January 4, 2016 | Fair Labor Standards Act, Currents - Employment Law
Employees May Soon Have Something To Lose In FLSA Lawsuits
August 13, 2015 | Fair Labor Standards Act, Currents - Employment Law
Employers Won’t “Like” Ruling Allowing Class Action Notifications via Social Media
May 6, 2015 | Social Media and Technology, Currents - Employment Law
Not So Fast: Parties Cannot Impose Confidentiality Restrictions on Judicially Approved FLSA Settlements
January 29, 2015 | Fair Labor Standards Act, Currents - Employment Law
X-Rays Shipped Out of State Help Employee Keep Issue of FLSA Coverage Alive
January 26, 2015 | Letter of the Law, Currents - Employment Law
Retailers, Janitorial Firms and Security Services Need to Learn About San Francisco’s New “Retail Workers’ Bill of Rights”
December 18, 2014 | Fair Labor Standards Act, Currents - Employment Law
Don’t Disregard Your Employees’ Rights, Even If They’re Strippers
November 19, 2014 | Fair Labor Standards Act, Currents - Employment Law
Five Distinctive Things About Ohio and Employment Law
November 10, 2014 | Letter of the Law, Currents - Employment Law
An Employer’s Liability Under The FLSA Can Be High
July 31, 2014 | Fair Labor Standards Act, Currents - Employment Law
Collective and Class Actions: Interns, Assistant Managers – and their Lawyers!
July 18, 2014 | Fair Labor Standards Act, Letter of the Law, Currents - Employment Law
Revisiting Judicial Approval of Fair Labor Standards Act Settlements
June 19, 2014 | Fair Labor Standards Act, Currents - Employment Law
Apple Employees Survive Summary Judgment in FLSA Bag Check Class Action
June 4, 2014 | Fair Labor Standards Act, Currents - Employment Law
Act One in Unpaid Intern Appeal Has Begun
April 8, 2014 | Fair Labor Standards Act, Currents - Employment Law
Supreme Court Rules That Donning And Doffing Time May Not Be Compensable
January 29, 2014 | Fair Labor Standards Act, Currents - Employment Law
Commission or Piece-Rate? The Distinction Is Significant for FLSA Purposes
November 22, 2013 | Fair Labor Standards Act, Currents - Employment Law
Federal Court Denies Class Certification, Preemptively Denies FLSA Collective Action – Class Members’ Experiences Too Varied
October 15, 2013 | Fair Labor Standards Act, Currents - Employment Law
Home Health Care Workers Now Protected Under the FLSA
September 18, 2013 | Fair Labor Standards Act, Currents - Employment Law
Judicial Approval No More? The Days of Judicially Scrutinized FLSA Settlements May Be Drawing To a Close
March 14, 2013 | Fair Labor Standards Act, Currents - Employment Law
U.S. Supreme Court Agrees to Clarify FLSA’s Exemption for Donning and Doffing Time
February 21, 2013 | Fair Labor Standards Act, Currents - Employment Law
The FLSA Also Requires Employers To Provide Private Lactation Break Rooms
February 1, 2013 | Employee Health Issues, Currents - Employment Law
8th Circuit Upholds Class Waivers in FLSA Cases
January 9, 2013 | Fair Labor Standards Act, Currents - Employment Law
When Numbers Count
December 19, 2012 | Fair Labor Standards Act, Currents - Employment Law
“Employee” Status Not Necessarily Dependent on Compensation
December 10, 2012 | Employment Discrimination, Currents - Employment Law
Losing A Fair Labor Standards Act Lawsuit Can Be Costly
November 8, 2012 | Fair Labor Standards Act, Currents - Employment Law
Federal Court In Washington Rules That Sales Agent Is A Contractor, Not An Employee
September 28, 2012 | Fair Labor Standards Act, Currents - Employment Law
RELATED PRACTICE AREAS
Subscribe
Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.
View Subscription Center