Waiting at work for security checks may be compensable
JESSE Busk and Laurie Castro are former employees of Integrity Staffing Solutions, Inc., a company which provides warehouse space and staffing to Amazon.com. They sued their employer in a class action, alleging that Integrity required them and other employees to pass through security screenings at the end of their shifts.
However, the time they spent undergoing this inspection was not paid. Employees waited up to 25 minutes to be searched, regularly having to remove wallets, belts, and going through metal detectors.
Company concerns regarding theft of merchandise is paramount in the retail industry. Thus, employers set up detailed security measures to minimize their losses. However, the procedure may result in wage losses to employees as they spend significant time going through security checkpoints.
Under California law, employees should be paid for all hours worked. “Hours worked” is that time during which an employee is subject to the control of an employer. Hence, employees should be paid when required to do the following: preliminary work before they actually start their workday and perform their main job, or postliminary work which are tasks performed after their main job is completed (for example: cleaning or maintaining tools or equipment, removing protective gear, sanitizing or disinfecting, or security inspections after the end of their shift)
For preliminary and postliminary work to be compensable, the activity has to be “integral and indispensable” to the employee’s principal activities, or are required by law or company rules. This means an activity must be (1) “necessary to the principal work performed” and (2) “done for the benefit of the employer.”
The employees claimed that the security screenings required by their employer were intended to prevent theft and thus is an integral and indispensable part of the employer’s business. The employees argue that the time spent for security checks should, therefore, be paid as work hours. The appellate court agreed that the employees may state a claim for back wages. The employer then appealed to the US Supreme Court. The high court has agreed to review the decision of the appellate court and the case is still pending.
Twenty-five minutes spent going through security checks at work may not sound like a lot. However, if it occurs regularly over several years, the additional wages owed to the employee may be significant. Moreover, if it happens to several employees, then the employer has saved on labor costs, at the expense of its workers.
Employees who spend time under their employer’s control before or after their scheduled shifts should not take their time for granted. They should inquire with experienced employment attorneys to determine if additional wages are due to them under the law.
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The Law Offices of C. Joe Sayas, Jr. welcomes inquiries about this topic. All inquiries are confidential and at no-cost. Atty. Sayas’ Law Office is located at 500 N. Brand Blvd. Suite 980, Glendale, CA 91203. You can contact the office at (818) 291-0088 or visit www.joesayaslaw.com.
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C. Joe Sayas, Jr., Esq. is trial attorney who has obtained several million dollar recoveries for his clients against employers and insurance companies. He has been selected as a Super Lawyer by the Los Angeles Magazine, featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements, and is a member of the Million Dollar-Advocates Forum.