Integrity Staffing Solutions, Inc. v. Busk (2014)
- Docket
- 13-433
- Decided
- 2014-01-01
Summary
Question: Is time spent undergoing security clearances compensable under the Fair Labor Standards Act as amended by the Portal-to-Portal Act of 1947? Conclusion: No. Justice Clarence Thomas delivered the unanimous opinion of the Court, which held that the time spent by warehouse workers undergoing security screenings is not compensable under the Fair Labor Standards Act, as amended by the Portal-to-Portal Act. The Portal-to Portal Act exempted employers from liability for claims dealing with activities that are preliminary or postliminary to the principle activities that an employee is employed to perform. The screenings in this case are not a principle activity and were not integral to the employees' duties; therefore the screenings are not compensable. Justice Sonia Sotomayor wrote a concurring opinion in which she stated that the screenings are not integral or indispensable activities because the employee could dispense with them without impairing his ability to perform the principle activity safely and effectively. Justice Elena Kagan joined the concurring opinion.