Most U.S. Supreme Court observers—particularly those in the general press—have labeled the Court’s current term an uninteresting one. There are relatively few cases on the docket that would appear to be a blockbuster, but employers in particular should not be among these bored observers. Some of the cases spotlighted below were argued last month, and some will come before the justices starting this week. The current docket is heavily weighted toward labor and employment cases that will have significant precedential effect in the workplace of the future.
Integrity Staffing Solutions v. Busk
The Court already has heard argument in Integrity Staffing Solutions v. Busk concerning whether the Portal-to-Portal Act (which amends the Fair Labor Standards Act) requires employers to pay warehouse employees for the time they spend (which in this case runs up to 25 minutes) going through post-shift antitheft screening. Integrity is a contractor to Amazon.com, and the U.S. Court of Appeals for the Ninth Circuit had ruled against the company, holding that the activity was part of the shift and not noncompensable postliminary activity.
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