On October 8, 2014, the United States Supreme Court will hear arguments in a case that focuses on whether employees should be paid for time spent waiting for mandatory security screenings. In many warehouse distribution centers, employees are required to pass through security checkpoints before they leave the facility to prevent theft of merchandise. It is not uncommon for employees to wait as long as 25 minutes to pass through security.
The case is called Integrity Staffing Solutions v. Busk and involves Amazon.com warehouse workers who were employed by Integrity Staffing Solutions. According to the Plaintiffs’ brief, Amazon.com required workers to “remove all personal belongings from their persons such as wallets, keys, and belts, and pass through metal detectors before being released from work and allowed to leave the facility.” The workers won at the Ninth Circuit, which held that the searches are an “integral and indispensable part” of the workers’ principal activities and therefore compensable under the Fair Labor Standards Act. The National Employment Lawyers Association filed an amicus brief that describes how loss-prevention activities have become integrated in the modern workplace and are therefore part of the employees’ principal work activities.
Indiana is home to numerous warehouse distribution centers that have similar security requirements. The Indianapolis employment law firm of The Law Office of Robert J. Hunt, LLC can help answer your questions about your right to fair pay.