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Integrity Staffing Solutions, Inc. v. Busk

Docket No.: 13-433
Certiorari Granted: Mar 3 2014
Argued: October 8, 2014
Decided: December 9, 2014

Topics:

FLSA, Fair Labor Standards Act, Portal-to-Portal Act

PartyNames: Integrity Staffing Solutions, Inc. v. Jesse Busk, et al.
Petitioner: Integrity Staffing Solutions, Inc.
Respondent: Jesse Busk, et al.

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: 713 F.3d 525
Supreme Court Docket

Integrity Staffing Solutions, Inc.
v.
Jesse Busk, et al.
Question Presented:

Respondents are warehouse workers who seek back pay, overtime, and double damages under the Fair Labor Standards Act ("FLSA") for time spent in security screenings after the end of their work shifts. Relying on an unbroken line of authority from other jurisdictions, the district court dismissed Respondents' claims because security screenings are quintessential "preliminary" or "postliminary" activities that are non-compensable under the FLSA pursuant to the Portal-to-Portal Act of 1947. The Ninth Circuit reversed, holding that time spent in security screenings was compensable under the FLSA because it was "necessary to [Respondents'] primary work as warehouse employees." That holding squarely conflicts with decisions from the Second and Eleventh Circuits holding that time spent in security screenings is not subject to the FLSA because it is not "integral and indispensable" to employees' principal job activities. The question presented is whether time spent in security screenings is compensable under the FLSA, as amended by the Portal-to-Portal Act.

Integrity Staffing Solutions, Inc. v. Busk
ORAL ARGUMENT

October 8, 2014

Listen to Oral Argument in Integrity Staffing Solutions, Inc. v. Busk
Holding: REVERSED
Vote: 9-0
Concurring: Sotomayor,Kagan
Opinion By:
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