2. Some Non-Work Activity Is Indeed ‘Work.’

Even though it may not seem like work, your employees are entitled to be paid at least minimum wage for some non-work activities such as:

  • Meals and break times (even if an employee uses those breaks to sleep),
  • Time spent putting on work-required uniform or safety gear, and
  • Time spent sharpening knifes or maintaining other instruments necessary for work.

3. The Standard Is Employee-Focused.

4. The Ruling Overturns the 9th Circuit.

The 9th U.S. Circuit Court of Appeals, whose jurisdiction covers the entire West Coast, had ruled that Integrity Staffing was responsible for paying workers for time spent in the security screening line. This decision is now overturned, affecting employers in Hawaii, Alaska, Washington state, Oregon, California, Nevada, Montana, Arizona, and Idaho.

5. There Are Still Limits on Screenings.

Tuesday’s ruling is a win for employers who wish to perform security screenings, but it isn’t the last word. These screenings must still be used to protect a business’ interests (e.g., to prevent theft), and businesses have not been given carte blanche to search their employees at will.

For help implementing the High Court’s ruling, consult with an experienced business attorney today.

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