The U.S. Supreme Court heard oral argument today in Integrity Staffing Solutions, Inc. v. Busk. The issue is whether employees must be paid for their time going through a security screening and waiting in line to be screened. The U.S. Court of Appeals for the Ninth Circuit said employees should be paid for their time. Proskauer assisted with an amicus brief on behalf of several industry groups—the Retail Litigation Center, Inc., United States Chamber of Commerce, Society for Human Resource Management, National Federation of Independent Business Small Business Legal Center, and National Association of Manufacturers.
The amicus brief argues that many employers have implemented security screenings to address to growing issue of employee theft—causing an estimated $16 billion in losses for the retail industry alone—and that the Ninth Circuit incorrectly ruled that employers had to pay employees for time spent in security screening.
For a great article discussing the case, check out this story by Mica Rosenberg in Reuters.