On December 9, 2014, Bancroft secured a unanimous victory before the U.S. Supreme Court in Integrity Staffing Solutions v. Busk, No. 13-433. The question presented was whether post-shift security screenings are compensable activities under the Fair Labor Standards Act and Portal-to-Portal Act. Bancroft represented Integrity Staffing Solutions, a company that provides staffing for warehouses owned by Amazon.com. The respondents were a nationwide class of former Integrity employees who sought back pay, overtime, and double damages under the FLSA for time spent passing through security screenings at the end of their shifts. Every previous court to consider this issue had held that time spent in security screenings is not compensable under the FLSA. But in this case, the Ninth Circuit departed from that unbroken line of authority and held that the respondents could state a claim under the FLSA.
The Supreme Court unanimously reversed the Ninth Circuit’s decision and held that security screenings are not compensable because they are not an “intrinsic element” of employees’ principal job duties. This decision will likely result in the dismissal of dozens of class-action suits seeking damages under the FLSA for time spent in security screenings. Paul D. Clement argued the case for Integrity Staffing and Jeffrey Harris and Barbara Grieco assisted with the briefing.