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Tuesday, December 9, 2014

Opinion analysis: No overtime pay for after-work security check

Today's post is shared from
Workers who are required to stay after their normal hours on the job to undergo a security screening are not entitled to overtime pay while they wait for that process and then go through it, the Supreme Court ruled unanimously on Tuesday.  The decision in Integrity Staffing Solutions, Inc. v. Busk overturned the one federal appeals court that had ruled in favor of workers in that scenario — an increasingly common practice in the workplace.
That ruling and a second one, clearing up a split among lower courts on how courts should handle a claim that a juror in a trial was dishonest, were the first decisions on argued cases in the current Term.  The second ruling came in the case of Warger v. Shauers.
The overtime pay case involved workers at two warehouses in Nevada, which served as storage and order-filling facilities for the online retail giant  Two of Integrity’s hourly workers sued the company after it began requiring all workers to go through screening before they left the premises, a policy designed to deter theft of goods.
The two workers, who filed a class-action lawsuit, contended that they had to wait up to twenty-five minutes to be searched, at which point they then had to remove their wallets, keys, and belts and pass through a metal detector. Their lawyers argued that because this procedure was a mandatory part of their job, imposed by their employer, they were entitled to be paid...
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