Court: U.S. Supreme Court
Term: October 2013
Oral Argument: October 8, 2014
Decided: December 8, 2014
Opinion: Justice Thomas
Lower Court: U.S. Court of Appeals for the Ninth Circuit
Whether time spend in security screenings is compensable under the Fair Labor Standards Act (FLSA), as amended by the Portal-to-Portal Act.
The 9th Circuit ruled that time employees spend
waiting for security checks is compensable under the Fair Labor Standards Act.
After the Ninth Circuit denied the petition for rehearing en banc, the
employer asked the US Supreme Court to consider the case. The RLC filed a brief
(joined by several other major business associations) with the Court in support
of granting certiorari explaining
the considerable impact that the 9th circuit's decision would have on employers
generally and retailers in particular if the Court failed to provide certainty
in this area. The Court granted cert and the RLC filed a brief on the
merits (again joined by major business associations) in support of the
employer, underscoring the long line of cases upon which employers have relied
and the practical affects on employers that the 9th Circuit's decision would
The unanimous Court held that time spent by employees waiting to undergo security screening is not compensable under the Fair Labor Standards Act.
Procedural History and Case Documents: