Integrity Staffing Solutions, Inc. v. Busk
Integrity Staffing Solutions, Inc. v. Busk
Opinion
The employer in this case required its employees, warehouse workers who retrieved inventory and packaged it for shipment, to undergo an antitheft security screening before leaving the warehouse each day. The question presented is whether the employees' time spent waiting to undergo and undergoing those security screenings is compensable under the Fair Labor Standards Act of 1938 (FLSA),
I
Petitioner Integrity Staffing Solutions, Inc., provides warehouse staffing to Amazon.com throughout the United States. Respondents Jesse Busk and Laurie Castro worked as hourly employees of Integrity Staffing at warehouses in Las Vegas and Fenley, Nevada, respectively. As warehouse employees, they retrieved products from the shelves and packaged those products for delivery to Amazon customers.
Integrity Staffing required its employees to undergo a security screening before leaving the warehouse at the end of each day. During this screening, employees removed items such as wallets, keys, and belts from their persons and passed through metal detectors.
In 2010, Busk and Castro filed a putative class action against Integrity Staffing on behalf of similarly situated employees in the Nevada warehouses for alleged violations of the FLSA and Nevada labor laws. As relevant here, the employees alleged that they were entitled to compensation under the FLSA for the time spent waiting to undergo and actually undergoing the security screenings. They alleged that such time amounted to roughly 25 minutes each day and that it could have been reduced to a de minimis amount by adding more security screeners or by staggering the termination of shifts so that employees could flow through the checkpoint more quickly. They also alleged that the screenings were conducted "to prevent *516 employee theft" and thus occurred "solely for the benefit of the employers and their customers." App. 19, 21.
The District Court dismissed the complaint for failure to state a claim, holding that the time spent waiting for and undergoing the security screenings was not compensable under the FLSA. It explained that, because the screenings occurred after the regular work shift, the employees could state a claim for compensation only if the screenings were an integral and indispensable part of the principal activities they were employed to perform. The District Court held that these screenings were not integral and indispensable but instead fell into a noncompensable category of postliminary activities.
The United States Court of Appeals for the Ninth Circuit reversed in relevant part.
We granted certiorari, 571 U.S. ----,
II
A
Enacted in 1938, the FLSA established a minimum wage and overtime compensation for each hour worked in excess of 40 hours in each workweek. §§ 6(a)(1), 7(a)(3),
But the FLSA did not define "work" or "workweek," and this Court interpreted those terms broadly. It defined "work" as "physical or mental exertion (whether burdensome or not) controlled or required by the employer and pursued necessarily and primarily for the benefit of the employer and his business."
Tennessee Coal, Iron & R. Co. v. Muscoda Local No. 123,
These decisions provoked a flood of litigation. In the six months following this Court's decision in
Anderson,
unions and employees filed more than 1,500 lawsuits under the FLSA. S.Rep. No. 37, 80th Cong., 1st Sess., pp. 2-3 (1947). These suits sought nearly $6 billion in back pay and liquidated damages for various preshift and postshift activities.
Congress responded swiftly. It found that the FLSA had "been interpreted judicially in disregard of long-established customs, practices, and contracts between employers and employees, thereby creating wholly unexpected liabilities, immense in
*517
amount and retroactive in operation, upon employers."
Congress met this emergency with the Portal-to-Portal Act. The Portal-to-Portal Act exempted employers from liability for future claims based on two categories of work-related activities as follows:
"(a) Except as provided in subsection (b) [which covers work compensable by contract or custom], no employer shall be subject to any liability or punishment under the Fair Labor Standards Act of 1938, as amended, ... on account of the failure of such employer ... to pay an employee overtime compensation, for or on account of any of the following activities of such employee engaged in on or after the date of the enactment of this Act-
"(1) walking, riding, or traveling to and from the actual place of performance of the principal activity or activities which such employee is employed to perform, and
"(2) activities which are preliminary to or postliminary to said principal activity or activities,
"which occur either prior to the time on any particular workday at which such employee commences, or subsequent to the time on any particular workday at which he ceases, such principal activity or activities." § 4,61 Stat. 86 -87 (codified at29 U.S.C. § 254 (a)).
At issue here is the exemption for "activities which are preliminary to or postliminary to said principal activity or activities."
B
This Court has consistently interpreted "the term 'principal activity or activities' [to] embrac[e] all activities which are an 'integral and indispensable part of the principal activities.' "
IBP, Inc. v. Alvarez,
*518
Our precedents have identified several activities that satisfy this test. For example, we have held compensable the time battery-plant employees spent showering and changing clothes because the chemicals in the plant were "toxic to human beings" and the employer conceded that "the clothes-changing and showering activities of the employees [were] indispensable to the performance of their productive work and integrally related thereto."
Steiner, supra, at 249, 251,
The Department of Labor's regulations are consistent with this approach. See
III
A
The security screenings at issue here are noncompensable postliminary activities. To begin with, the screenings were not the "principal activity or activities which [the] employee is employed to perform."
The security screenings also were not "integral and indispensable" to the employees' duties as warehouse workers. As explained above, an activity is not integral and indispensable to an employee's principal activities unless it is an intrinsic element of those activities and one with which the employee cannot dispense if he is to perform those activities. The screenings were not an intrinsic element of retrieving products from warehouse shelves or packaging them for shipment. And Integrity Staffing could have eliminated the screenings altogether without impairing the employees' ability to complete their work.
The Solicitor General, adopting the position of the Department of Labor, agrees that these screenings were noncompensable postliminary activities. See Brief for United States 10. That view is fully consistent with an Opinion Letter the Department issued in 1951. The letter found noncompensable a preshift security search of employees in a rocket-powder plant *519 " 'for matches, spark producing devices such as cigarette lighters, and other items which have a direct bearing on the safety of the employees,' " as well as a postshift security search of the employees done " 'for the purpose of preventing theft.' " Opinion Letter from Dept. of Labor, Wage and Hour Div., to Dept. of Army, Office of Chief of Ordnance (Apr. 18, 1951), pp. 1-2 (available in Clerk of Court's case file). The Department drew no distinction between the searches conducted for the safety of the employees and those conducted for the purpose of preventing theft-neither were compensable under the Portal-to-Portal Act.
B
The Court of Appeals erred by focusing on whether an employer
required
a particular activity. The integral and indispensable test is tied to the productive work that the employee is
employed to perform
. See,
e.g.,
IBP,
If the test could be satisfied merely by the fact that an employer required an activity, it would sweep into "principal activities" the very activities that the Portal-to-Portal Act was designed to address. The employer in
Anderson,
for instance, required its employees to walk "from a timeclock near the factory gate to a workstation" so that they could "begin their work," "but it is indisputable that the Portal-to-Portal Act evinces Congress' intent to repudiate
Anderson
's holding that such walking time was compensable under the FLSA."
IBP,
supra,
at 41,
Finally, we reject the employees' argument that time spent waiting to undergo the security screenings is compensable under the FLSA because Integrity Staffing could have reduced that time to a
de minimis
amount. The fact that an employer could conceivably reduce the time spent by employees on any preliminary or postliminary activity does not change the nature of the activity or its relationship to the principal activities that an employee is employed to perform. These arguments are properly presented to the employer at the bargaining table, see
* * *
We hold that an activity is integral and indispensable to the principal activities that an employee is employed to perform-and thus compensable under the FLSA-if it is an intrinsic element of those activities and one with which the employee cannot dispense if he is to perform his principal activities. Because the employees' time spent waiting to undergo and undergoing Integrity Staffing's security screenings does not meet these criteria, we reverse the judgment of the Court of Appeals.
It is so ordered.
Justice SOTOMAYOR, with whom Justice KAGANjoins, concurring.
I concur in the Court's opinion, and write separately only to explain my understanding of the standards the Court applies.
The Court reaches two critical conclusions. First, the Court confirms that compensable
*520
" 'principal' " activities " 'includ[e] ... those closely related activities which are indispensable to [a principal activity's] performance,' "
ante,
at 518 (quoting
Second, the Court holds also that the screenings were not themselves " 'principal ... activities' " the employees were " 'employed to perform.' "
Ibid.
(quoting
Because I understand the Court's opinion to be consistent with the foregoing, I join it.
Reference
- Full Case Name
- INTEGRITY STAFFING SOLUTIONS, INC., Petitioner v. Jesse BUSK Et Al.
- Cited By
- 118 cases
- Status
- Published