As relief, the employees sought back pay, overtime, and double damages. Specifically, the employees allege that Integrity mandated that employees undergo security clearances at the end of each shift in order to prevent theft, yet failed to compensate its employees for time spent in the clearances The clearances lasted “up to 25 minutes” and required employees to “remove their wallets, keys and belts” in order to pass through metal detectors.
In 2010, Busk and Castro sued Integrity on behalf of a putative class of the company’s employees, alleging violations of the Fair Labor Standards Act (“FLSA”), as amended by the Portal-to-Portal Act of 1947 (“Portal to Portal Act”). (“Integrity”) is a corporation that “provides warehouse space and staffing to clients such as .” Plaintiffs Jesse Busk and Laurie Castro worked as hourly employees at Integrity’s warehouses in Las Vegas and Fernley, Nevada Their duties included “filling orders placed by customers.” This decision will affect the range of activities that employers can require employees to perform with and without compensation. The Supreme Court’s decision in the case will reflect its view on the correct balance between the interest of employers in preventing employee theft, and the interest of employees in obtaining compensation for time spent undergoing screenings related to theft prevention or similar activities. The Supreme Court will address whether under the FLSA, as amended by the Portal-to-Portal Act, employers must compensate employees for post-shift security screenings. Integrity claims that it is immune from liability under the Portal-to-Portal Act of 1947, which provides that employers are not required to compensate for activities that are postliminary to an employee’s primary work activities.
Specifically, the employees alleged that Integrity required post-shift security screenings lasting up to 25 minutes, yet failed to compensate their employees for the time spent undergoing the screenings. (“Integrity”), sued Integrity alleging violations of the Fair Labor Standards Act (“FLSA”). Jesse Busk and Laurie Castro, employees of Integrity Staffing Solutions, Inc.
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