Integrity Staffing Solutions v. Busk
On December 9, 2014, Bancroft secured a unanimous victory before the Supreme Court in Integrity Staffing Solutions v. Busk, 135 S. Ct. 513 (2014), which addressed whether post-shift security screenings were compensable activities under the Fair Labor Standards Act and the Portal-to-Portal Act. The respondents were a nationwide class of warehouse 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. The Ninth Circuit had held that the respondents could state a claim under the FLSA. Bancroft successfully petitioned for certiorari, and the Supreme Court unanimously reversed. The Court held that security screenings are not compensable because they are not an “intrinsic element” of employees’ principal job duties. This decision resulted 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 (his 75th argument before the Supreme Court) and Jeffrey M. Harris assisted with the briefing.