Integrity Staffing v. Busk (Busk II)

Overview 

• Court: U.S. Supreme Court (cert. stage) 
• Issue: Employee Bag Checks
• Status: Decided October 2019
• Lower Court:  United States Court of Appeals for the Sixth Circuit

Questions Presented: 

1. Whether the Portal-to-Portal Act modified the FLSA’s broad, pre-1947 definition of “work.” 
2. Whether the FLSA’s definition of “work” requires exertion beyond the minimal effort involved in passing through a security screening. 

RLC’s Position: 
The Retail Litigation Center, joined by the National Association of Manufacturers and the National Retail Federation, filed an amicus brief asking the Court to hear this case regarding the compensability of employee time spent undergoing employer bag checks.   

Court Outcome: 
The court denied the petition.