In a case before the Second Circuit Court of Appeals, Amazon has argued that mandatory security screenings after employee shifts should not be considered work. This is an argument being made after an appeal of a Connecticut federal court ruling that went in Amazon’s favor. This critical issue could substantially affect how employees are compensated according to the National Labor Relations Act (NLRA) and other related legislation.
What is This Case About?
In this lawsuit, Amazon was sued by workers alleging they were entitled to wages for time spent in security screenings after work. This is because Amazon forces its employees at certain facilities to undergo these screenings both before and after shifts, as well as during breaks, during which time employees must wait on line. The time spent on these lines was unpaid, meaning it ate into the employees’ personal time to undergo these screenings.
What is the Legal Issue Being Argued?
The primary issue in question is whether the time spent on the security line counts as time spent working for the purposes of compensation under the NLRA. Under the current interpretation of federal law, time spent in mandatory security screenings is not considered “work” unless it is either an essential part of the job or it is required by an employment contract. While the lower court ruled that neither criteria applied in this case, the Second Circuit may decide differently.
Why Does This Matter?
The reason this matters is because if the security screenings are considered time spent working, then Amazon must compensate employees for time spent on security lines. This could potentially add hours of compensated time to employee paychecks every pay cycle, resulting in dramatic increases to employee wages. On the other hand, keeping this time as uncompensated would maintain major cost savings for Amazon.
How Could This Impact You?
If you are an employee who is protected by the NLRA, your own compensation could be directly impacted by this case, especially if you must undergo mandatory security screenings as part of your work. However, this is true of any wage dispute, which is why it is so important to understand what sorts of parts of your work you can be legally compensated for. If you have a dispute with your employer over your compensation, you should speak to a lawyer with experience handling employment law issues like these.
Steven Mitchell Sack, the Employee’s Lawyer, is a New York employment lawyer with more than 44 years’ experience handling the many aspects of employment law. His new book, “Fired!: Protect Your Rights & FIGHT BACK If You’re Terminated, Laid Off, Downsized, Restructured, Forced to Resign or Quit,” is available in hardback, and contains valuable advice on dealing with employment and labor law issues. To purchase the book, feel free to contact Steven Sack at 917-371-8000 or visit the website at legalstratpub.com. To inquire about a legal matter, please feel free to contact attorney Steven Sack at 917-371-8000 or stevensackatty@hotmail.com.
