In a recent decision by the 6th Circuit in Busk et al. v. Integrity Staffing Solutions et al., the federal court of appeals ruled that Arizona law requires employers to pay their workers for time spent going through security screenings at the end of their shifts.
The U.S. Supreme Court held in 2014 that the Fair Labor Standards Act (FLSA), as amended by the Portal-to-Portal Act, did not require employers to pay employees for such time. The PortaltoPortal Act amended the FLSA to exclude from compensation certain preliminary and postliminary working activities if they did not constitute a “principal activity” or were “integral and indispensable” to the worker’s other principal activities. The Supreme Court found the security screening did not constitute a “principal activity” or was not “integral and indispensable”.
The case arose from plaintiffs working in defendant’s warehouses in Nevada and Arizona. The Court, in noting that law in Arizona is broader than the FLSA, found that time spent in security screening is not exempt from compensation.
Ultimately, plaintiffs’ claims were dismissed because they “have failed to allege a workweek in which they failed to receive the minimum wage” as required by Arizona law.
Therefore, Arizona employers requiring workers to undergo security screening as part of their job need to be aware that such time is subject to compensation and eventually review their policies to make sure their policies are in compliance. On the other side, employees spending time during security screening can claim compensation for such time, provided they comply with the “workweek requirement” or any other applicable provisions of Arizona law.
Call our firm today to see how we can assist you with this matter.