Supreme Court Holds Postshift Security Screenings Need Not Be Counted As Compensable Working Time

On December 9, 2014, the United States Supreme Court unanimously held in Integrity Staffing Solutions, Inc. v. Busk that employees are not entitled to overtime pay for the time spent waiting to undergo and undergoing required security screenings after the end of their normal work hours.

The Court's Decision in Integrity Staffing Solutions, Inc. v. Busk

In Integrity Staffing Solutions, Inc. v. Busk, the employer required hourly warehouse employees to go through a security screening before they left the premises, a policy designed to deter theft of goods. The screening process required removal of personal items and passing through metal detectors. Two warehouse employees filed a lawsuit alleging that they and similarly situated employees were entitled to compensation under the Fair Labor Standards Act ("FLSA") for the time they spent waiting to undergo and actually undergoing the security screenings, which, according to the employees, amounted to up to 25 minutes