Integrity Staffing Solutions, Inc. v. Busk et al.

Case Updates

The Supreme Court reversed the judgment of the Ninth Circuit and concluded time a worker spends waiting to undergo and undergoing a mandatory security screening is not compensable under the Fair Labor Standards Act.

The U.S. Chamber filed a coalition brief urging the Supreme Court to reverse the Ninth Circuit's decision, which held that employees are entitled to such compensation, “constitutes a radical departure from long-standing regulatory interpretation” and squarely conflicts with decisions from the Second and Eleventh Circuits. In addition, the Ninth Circuit's ruling “has created substantial legal uncertainty and enormous potential financial liability for thousands of employers throughout the United States.”

Daniel J. Davis and Edward A. Brill of Proskauer Rose LLP represented the U.S. Chamber as co-counsel to the U.S. Chamber Litigation Center in this case.

The Chamber filed this brief jointly with the Retail Litigation Center, Inc., Society for Human Resource Management, National Association of Manufacturers, and National Federation of Independent Business Small Business Legal Center.

The U.S. Chamber urged the U.S. Supreme Court to review this Fair Labor Standards Act (“FLSA”) case, which presents the question of whether employees are entitled to mandatory compensation for time spent in security screenings. The Ninth Circuit's decision, which held that employees are entitled to such compensation, “constitutes a radical departure from long-standing regulatory interpretation” and squarely conflicts with decisions from the Second and Eleventh Circuits. In addition, the Ninth Circuit's ruling “has created substantial legal uncertainty and enormous potential financial liability for thousands of employers throughout the United States.” In its brief, the Chamber also pointed out that the Ninth Circuit's decision “would require thousands of employers to modify their time-keeping systems or eliminate security screening altogether.” These dramatic real-world consequences warrant review by the Supreme Court.

Ronald E. Mesiburg, James F. Segroves, Kenneth Sulzer, and Laura Reathaford of Proskauer Rose LLP represented the U.S. Chamber as co-counsel to the U.S. Chamber Litigation Center in this case.

The Chamber filed this brief jointly with the Society for Human Resource Management and National Association of Manufacturers.