NAM has filed an amicus brief in support Supreme Court cert petition to review the 9th Circuit to decision issued in Busk v. Integrity Staffing. The 9th Circuit concluded that time spent undergoing security checks is compensable under the Fair Labor Standards Act (FLSA). NAM is arguing that the Supreme Court’s review is needed now to dispel the confusion, resolve the conflict, and confirm that the FLSA does not require employers to compensate employees for the time spent on activities before and after the work day. We believe this is the Department of Labor’s attempt to expand the definition of what is an “Integral and indispensable “activity under FLSA to include activity’s such as changing into work uniforms and other ancillary activities relating to the preparation of conclusion of work. The result is a decision that sows considerable confusion for the ever-increasing number of businesses, municipalities, and other entities that use security screenings as part of their ordinary course of business.
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