Employee Relations Law Journal
"Is Time Spent in Mandatory Security Searches Compensable under the FSLA?"
Is an employee entitled to compensation for time spent in security screenings under the Fair Labor Standards Act (FLSA) as amended by the Portal-to-Portal Act of 1947 (Portal to Portal Act)? The circuit courts are split on this issue. The Ninth Circuit has held that an employee is entitled to compensation for employer-mandated security screenings. By contrast, the Second and Eleventh Circuits have held that such time is not compensable. The Supreme Court has granted certiorari and will soon resolve the split.