Wage And Hour Takeaways From Pa. Security Check Ruling

By Jason Reisman and Rebecca Reist (August 6, 2021, 1:44 PM EDT) -- On July 21, the Pennsylvania Supreme Court issued a game-changing decision in Heimbach v. Amazon.com Inc. when it determined that:

Time a nonexempt employee spends waiting to undergo, and undergoing, mandatory security screenings on an employer's premises constitutes hours worked under the Pennsylvania Minimum Wage Act, or PMWA, and therefore is compensable; and

There is no de minimis exception to the PMWA.

This is significant for Pennsylvania employers that may have previously relied on the U.S. Supreme Court's 2014 decision in Integrity Staffing Solutions Inc. v. Busk when making compensation decisions for their employees' pre- and post-shift activities.

The Pennsylvania Supreme Court has...

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