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In our prior blog post titled Compensable Time: Do Employers Have To Pay Employees For Time Spent Going Through Security, we reported that the United States Supreme Court had just heard oral arguments in the case of Busk v. Integrity Solutions, Inc., a Ninth Circuit case that presented the question of whether employers are required to compensate employees for the time spent going through security (in Busk, the security screenings were post-shift screenings that all employees were required to complete before leaving the premises). Yesterday, in a unanimous decision, the Supreme Court held that under the Fair Labor Standards Act (FLSA), time spent by employees waiting to undergo and undergoing security screenings is not compensable.
On October 8, 2014, the U.S. Supreme Court heard oral arguments in the case of Busk v. Integrity Staffing Solutions, Inc., 713 F.3d 525 (9th Cir. 2013), where they will decide whether employers will be required, in accordance with the Fair Labor Standards Act (FLSA), to compensate employees for the time employees spend going through security at the end of their shift. On its face, the answer to the question of compensation for that time seems straightforward (either yes or no) - however, as with most things in law, nothing is ever straightforward. We recently addressed a similar issue with one of our clients, a federal government contractor, so we thought it might be an issue that other government contractors would be interested in hearing about.