Free Choice Tanks Plaintiffs’ Claims
Just last year, the Supreme Court held in Integrity Staffing Solutions, Inc. v. Busk, 135 S. Ct. 513 (2014) that employees working at an Amazon.com warehouse were not entitled to overtime pay for time they spent in exit security checks designed to ensure that they were not taking company product with them. The crux of the court’s decision was that the checks themselves involved no work and were not “integral and dispensable” parts of the employees’ workdays.
In 2013, or the year before Busk was handed down, three class actions were brought against Apple Inc. raising similar claims on behalf of Apple’s 52 California retail stores. Frlekin v. Apple Inc., Case No. C 13-03451 (N.D. Cal). They contended that Apple workers leaving the premises with a bag, purse, backpack, or briefcase or with technology such as an iPhone would need to undergo an exit search before leaving for the day. The plaintiffs sought unpaid overtime under the FLSA as well as under California law and the laws of a handful of other states. Continue Reading