After eight years of litigation, including the Nevada claims by Amazon employees being dismissed two times, and now reversed and reinstated by two separate Courts of Appeal, the 6th Circuit recently held that time spent undergoing security checks must be paid under Nevada law.
Law360 (September 19, 2018, 5:12 PM EDT) — Amazon warehouse workers in Nevada can pursue state-law class action claims that they weren’t properly paid for time spent in security screenings when leaving the job site, but workers in Arizona cannot, the Sixth Circuit ruled Wednesday.
A three-judge panel partially reversed a June 2017 ruling by a Kentucky federal judge that dismissed a long-running wage suit by workers hired by Integrity Staffing Solutions Inc., which employs hundreds of workers at Amazon facilities, or employed directly by Amazon.com Inc. at warehouses in the two states.
The case had previously reached the U.S. Supreme Court, where the justices held in 2014 that the security screenings at issue aren’t compensable under the Portal-to-Portal Act, an amendment to the Fair Labor Standards Act.
But in the current appeal, the Sixth Circuit said that time is in fact compensable under the laws of the two states, where such security checks qualify as “work” and weren’t exempted by state lawmakers from being compensable time the way it was by Congress on the federal level through the Portal-to-Portal Act.