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Updated: Integrity Staffing Solutions, Inc. v. Busk - United States Supreme Court


Earlier this year, I keyed in on a case pending before the United States Supreme Court that readers should keep an eye on, Integrity Staffing Solutions, Inc. v. Busk.  (Integrity Staffing Solutions, Inc. v. Busk - Original Update).  Last week, the Supreme Court heard oral arguments on this case.  For those who do not remember, this case concerns whether workers who have already clocked out for the work day, but are still required to go through employer mandated screening before leaving work, should be compensated for that time spent in security screening.

The employer, Integrity, spent a majority of the time during oral argument focused on the position that the security screening process is simply a part of leaving work for the day.  Since employees are not paid for time spent punching out, the argument followed that employees should not be paid for emptying their pockets at the end of the day and going through screening.

The federal government has joined the petitioner's side for this case and was given the opportunity to provide additional arguments to the Court last week as well.  Most notably, however, the attorney that appeared on behalf of the federal government got tripped up when Justice Kagan asked whether extra pay would be due for a casino employee, store clerk, or bank teller, who reported after hours to a manager as part of an anti-theft policy. 

When the attorney who represents the employees got a chance to argue his position, he narrowed the case down to two points that the Court should consider:  1)  Is this [the time spent in security screening] work? and 2)  Is it [the time spent in security screening] for the employer's benefit?  The argument followed that if the Court answered "yes" to these questions, the task required the employer to pay the employees. 

At this point, the case in the hands of the Court.  I would expect a ruling on the matter within the next few months.  Based upon how oral arguments went, I think this might ultimately end up being a win for employees who spend time in security screenings, yet do not get paid for this time by their employers.

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