DOL Shows Integrity in Supporting Employer on Compensability of Time Spent in Security Screenings

The Department of Labor surprised employers last week by weighing in on Integrity Staffing Solutions, Inc. v. Busk,which is currently pending before the Supreme Court, and supporting the employer’s position.  The administration’s amicus brief, filed last Wednesday, is good news for employers that require their workers to pass through security screenings before or after their regular work shifts.

As readers of this blog will recall (see discussions here and here), the Integrity case is expected to address the question of whether time spent by employees going through security checks as they leave work is compensable under the FLSA.  The Supreme Court will review a Ninth Circuit decision that held, contrary to previous decisions out of the Second and Eleventh Circuits, that employees must be paid for such time where the security checks are mandated by the employer and are for the employer’s benefit.

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