Issue: Labor/Employment
Court: U.S. Supreme Court

Term: October 2013
Oral Argument: October 8, 2014
Decided: December 8, 2014
Vote: 9-0
Opinion: Justice Thomas
Lower Court: U.S. Court of Appeals for the Ninth Circuit

Question Presented:
Whether time spend in security screenings is compensable under the Fair Labor Standards Act (FLSA), as amended by the Portal-to-Portal Act.

RLC's Position:
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 have.

Case Outcome: 
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: 

Please use the DOWNLOAD button below to access the RLC's Brief.


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