FLSA law says time in security checks is off the clock

by on March 30, 2009 · 0 Comment POSTED IN: HR Info Center

If the its not integral to the job, it not paid time in FLSA law

If you’re among the companies that have tightened security recently, this one’s for you: With only rare exceptions, you don’t have to pay non-exempt employees under FLSA law for the time they spend going through security to enter your facility.

That principle emerges from a couple of recent federal appeals court cases, in New York and Florida.

In one case, nuclear power plant workers sought overtime pay for their lengthy waits in line to enter and exit the plant.

In the other, construction workers on an airport project asserted pay claims for time going through security. Both courts said the time was non-payable.

Key: FLSA law says prep time before the actual start of work to be considered payable, it has to be connected to activities “indispensable and integral” to the performance of the worker’s job.
In these cases, passage through security was indispensable. Workers couldn’t reach the site otherwise. But it wasn’t integral, as defined by FLSA law, to operating a power plant or building an airport terminal.

Cite: Gorman v. Consol. Edison, No. 05-6546, 2nd Cir., 5/30/07; Bonilla v. Baker Concrete, No. 06-12515, 11th Cir., 5/30/07. Issue 6.02 8-6-07

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