The Supreme Court agreed today to hear a case involving application of the Portal-to-Portal Act to employees who claim they should be compensated for time spent undergoing security screenings used to prevent employee theft. Integrity Staffing Solutions, Inc. v. Busk, Case No. 13-433. The employees allege they were required to undergo security screenings to prevent shrinkage or loss of product while working at a distribution warehouse servicing their staffing agency employer’s clients, such as Amazon. The district court dismissed the FLSA claim, finding the activities were excluded by the Portal-to-Portal Act. The Ninth Circuit reversed, becoming the first court to ever hold that security screenings are compensable under the FLSA and creating a conflict with the both the Second and Eleventh Circuits, which have both held security screenings are non-compensable under the Portal-to-Portal Act [Gorman v. Consolidated Edison Corp., 488 F.3d 586 (2d Cir. 2007) and Bonilla v. Baker Concrete Constr. Coo., 487 F.3d 1340 (11th Cir. 2007)]. The Ninth Circuit’s decision also conflicts with district court decisions that have addressed the issue. Argument will occur next term.