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FLSA

Integrity Staffing Solutions, Inc., v. Busk et al.

Issues

Must employers compensate employees for the time spent undergoing security screenings at the end of the workday under the Fair Labor Standards Act? 

Jesse Busk and Laurie Castro, employees of Integrity Staffing Solutions, Inc. (“Integrity”), sued Integrity alleging violations of the Fair Labor Standards Act (“FLSA”). Specifically, the employees alleged that Integrity required post-shift security screenings lasting up to 25 minutes, yet failed to compensate their employees for the time spent undergoing the screenings. Integrity claims that it is immune from liability under the Portal-to-Portal Act of 1947, which provides that employers are not required to compensate for activities that are postliminary to an employee’s primary work activities. The Supreme Court will address whether under the FLSA, as amended by the Portal-to-Portal Act, employers must compensate employees for post-shift security screenings.  The Supreme Court’s decision in the case will reflect its view on the correct balance between the interest of employers in preventing employee theft, and the interest of employees in obtaining compensation for time spent undergoing screenings related to theft prevention or similar activities. This decision will affect the range of activities that employers can require employees to perform with and without compensation. 

Questions as Framed for the Court by the Parties

Whether time spent in security screenings is compensable under the FLSA, as amended by the Portal-to-Portal Act?

Integrity Staffing Solutions, Inc. (“Integrity”) is a corporation that “provides warehouse space and staffing to clients such as Amazon.com.” Busk v. Integrity Staffing Solutions, Inc., 713 F.3d 525, 527 (9th Cir.

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Acknowledgments

The authors would like to thank Professor Angela B. Cornell for her assistance in the research for this preview.

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