Supreme Court Protects Small Business; Affirms Security Screenings as Postliminary Actions

Date: December 09, 2014
For Immediate Release
Contact:  Eric Reller
202-314-2073 or [email protected]

Court Protects Small Business; Affirms Security Screenings as Postliminary


WASHINGTON, D.C., December 9,
2014 — Karen Harned, Executive Director of NFIB’s Small Business Legal Center,
made the following statement in
response to the Supreme Court’s decision in the case Integrity Staffing Solutions, Inc., v. Busk
, in which NFIB had filed an amicus brief.

“Small business owners work hard to make sure their
employees are paid a fair wage and receive hours – however security is an
important function of any operation. A small business owner should not be
forced to choose between having security and compensating employees for going
through routine screenings. We thank the Supreme Court for standing up for
small business and stemming the rising costs and operational burdens inherent
in this case.”

In this case, the Supreme Court unanimously
decided that routine post-shift security screenings of employees are not compensable
under the Fair Labor Standards Act (FLSA). The court affirmed that there is an important
distinction between work activities that are integral to an employee’s
activities – which are compensable under the FLSA – and activities that are
preliminary and/or postliminary, which are excluded from compensable time. 


NFIB Small Business Legal
 is a 501(c)(3) organization
created to protect the rights of America’s small business owners by providing
advisory material on legal issues and by ensuring that the voice of small
business is heard in the nation’s courts. The National Federation of
Independent Business is the nation’s leading small business association, with
offices in Washington, D.C. and all 50 state capitals

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