Employers can breathe a momentary sigh of relief as a result of the recent Supreme Court decision issued in Integrity Staffing Solutions, Inc. v. Busk, a case that resolved the issue of whether employers are required to compensate their employees under the Fair Labor Standards Act (FLSA) for time spent passing through mandatory security screenings at the close of the workday. In reversing a decision issued by the U.S. Court of Appeals for the Ninth Circuit in favor of the employees, the Supreme Court ruled that such time is not compensable under the FLSA because the security screenings are not an “intrinsic element” of the activities that the employees were employed to perform and therefore do not meet the Court’s previously established “integral and indispensable” test.
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