Workplace Tasks On Trial In Integrity Staffing Arguments

Law360, New York (October 9, 2014, 1:27 PM EDT) -- In oral arguments on Oct. 8 before the U.S. Supreme Court, warehouse workers faced skepticism for their plea to be paid for devoting almost a half-hour each day to anti-theft searches before being allowed to leave the workplace.

While some of the justices, led by Justice Elena Kagan, were receptive to the employees’ contention that such a requirement must be compensated under the Fair Labor Standards Act, more seemed ready to accept the notion that, because the searches happen as workers exit the warehouse, they fit an FLSA carveout for “postliminary” activity created by the 1947 Portal-to-Portal Act.

The Portal-to-Portal...

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